Common use of Construction by Landlord Clause in Contracts

Construction by Landlord. Landlord, at Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etc., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord(a) Landlord shall construct and do such other work (collectively, at the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan “SK-1” prepared by Pxxxxxxxx Architects Inc. dated May 8, 2006, which have been initialed by the parties, and which are herein incorporated by reference. Prior to the Possession Date, Landlord shall power wash the Building at its sole cost and expense, . (b) Landlord shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out a tenant allowance of $35.00 per rentable square foot for the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans Landlord Work (the “Pricing PlansTenant Allowance”) which ). Tenant shall include, but not be limited to, first use the Tenant Allowance toward the cost of the Landlord’s Work and then for other hard and soft construction costs; building code compliance costs associated with Tenant’s improvement of or move to the Building but in no event shall it be applied against Rent. (c) Upon Tenant’s written request, Landlord shall make available to Tenant an additional tenant allowance up to $10.00 per rentable square foot of the Premises (“Additional Allowance”). Tenant shall reimburse Landlord the Additional Allowance as mandated by local authorities; building standard window blinds; full architecturalRent amortized over the Term at an interest rate of twelve (12%) percent. By way of example, mechanicalin the event Tenant requests the entire Additional Allowance, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements the reimbursement to Landlord shall be charged by or payable to as set forth on Exhibit “E”, attached hereto and made a part hereof. (d) All costs for the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction Work in excess of the Tenant Improvements Allowance (and cause if requested, the Lease Additional Allowance, shall be borne by Tenant, and shall be paid to commence by_____________. Parties acknowledge Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (e) Tenant shall deliver final plans and specifications for the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). IfWork in the form required to submit for permitting by no later than September 30, at 2006. (f) If any timematerial revision or supplement to Landlord’s Work is deemed reasonably necessary by Landlord, it becomes necessary those revisions and supplements shall be submitted to engage a new architect, Landlord shall first obtain Tenant’s Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord shall ensure that full architecturalbe delayed in such “substantial completion” as a result of (i) Tenant’s request for materials, mechanicalfinishes or installations other than Landlord’s standard; (ii) Tenant’s changes in said plans; (iii) the performance or completion of any work, electricallabor or services by a party employed by Tenant; or (iv) Tenant’s failure to provide or approve final plans, plumbingworking drawings or reflective ceiling plans within the time frame stated herein or by Landlord in its reasonable discretion the same shall constitute a “Tenant’s Delay” hereunder. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant then Landlord shall bid such requested change and engineering drawings provide to Tenant the cost and construction documents are produced timing for such change. Tenant shall then have two (2) business days to notify Landlord whether to proceed with the change and such increased costs associated with such change, revision or supplement shall be paid either from the Tenant ImprovementsAllowance or Additional Allowance if applicable or by Tenant upfront. Any change by Tenant shall not change the Possession Date or the Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Landlord’s Work shall not constitute an Alteration under Article 10. (g) In addition to the foregoing, Tenant acknowledges and agrees that Tenant shall pay Landlord a reasonable Construction Management Fee of three percent (3%) of the hard costs of the Landlord’s Work. (h) Landlord shall bid the Landlord’s Work to at least three contractors one of which shall be submitted selected by Tenant and Landlord shall select the lowest qualified bid. (i) In the event that for any reason other than Tenant’s Delay the Landlord’s Work is not substantially completed within 150 days following Landlord’s receipt of all necessary permits and approval, then Tenant, upon ten (10) business days prior written notice to Tenant for its approval. At a minimumLandlord may elect to terminate this Lease; provided, Landlord will implement those building construction standards mandated by local building code. Tenant shall have that, if the Landlord’s Work is substantially completed within such ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any notice, such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord notice shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant deemed null and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcvoid., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord(A) Landlord shall construct, at Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the interior of the Premises ‘turn-key” in accordance with mutually agreed upon pricing the Project Outline Specifications and floor plans (the “Pricing PlansTenant Plans and Specifications”) which shall include, but not be limited to, hard attached hereto as Exhibit “C” (“Tenant Work”). Landlord will deliver the Premises to Tenant in good condition with all improvements therein and soft construction costs; building code all systems and equipment serving the Premises in good working order and in compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. all applicable laws. (B) Landlord shall use its best reasonable efforts to complete cause the Tenant Work to be Substantially Completed (defined below) on or before the Anticipated Commencement Date, subject to extension for any time lost by Landlord due to strikes, labor disputes, governmental restrictions or limitations, scarcity of or inability to obtain labor or materials, accidents, fire or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing beyond the reasonable control of Landlord (collectively, “Force Majeure”) or Tenant Delay (defined below); provided, however, Landlord shall provide Tenant with prompt written notice of any such Force Majeure event and the delay related thereto. If Landlord fails to apply for a building permit for the Tenant Work within thirty (30) days after the date of this Lease, or Landlord does not commence construction of the Tenant Improvements and cause Work within forty-five (45) days after the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt date of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basisthis Lease. Tenant shall have the right to approve up terminate this Lease, as its sole remedy for such failure, by written notice to Landlord given prior to Landlord’s application for the building permit or commencement of the Tenant Work, as applicable; provided, however, the foregoing time periods (thirty (30) days and forty-five (45) days) shall be extended by one (1) general contractor on the bid list. Tenant and day for each day that Landlord shall mutually select the acceptable bidder to construct is delayed in applying for building permits or commencing the Tenant ImprovementsWork as a result of Tenant Delays (as defined in Section 2(F) below) or force majeure events, but force majeure events shall not delay such dates by more than forty-five (45) days. If Landlord fails to Substantially Complete the Tenant Work within five (5) months after the date of this Lease, Tenant shall have the right to terminate this Lease, as its sole remedy for such failure, by written notice to Landlord given prior to Substantial Completion of the Tenant Work; provided, however, the foregoing five (5) month period shall be responsible extended by one (1) day for contracting for the work on a not-to-exceed basis, approved each day that Landlord is delayed in writing by Substantially Completing the Tenant Work as a result of Tenant Delays or force majeure events, but force majeure events shall not delay such date by more than forty-five (45) days. (C) Landlord promptly shall correct, at Landlord’s cost and managing expense, all defects in the general contractor’s performance. All contractors Tenant Work and subcontractors shall be required any Tenant Work failing to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the applicable requirements of this Lease, provided that such defect appears and Tenant Improvements gives Landlord written notice thereof during the first 365 days of the Term. Landlord’s obligation under this Section 3(C) shall survive Tenant’s occupancy of the Premises upon Substantial Completion. (D) Changes in the Tenant Work may be accomplished only by Change Order (defined below) or by Order for Minor Change (defined below). The Term “Change Order” shall mean a written instrument prepared by Landlord and comply with lawsigned by Landlord and Tenant stating their agreement upon (i) a Change in the Tenant Work, (ii) the cost necessary to effect the Change Order, including any costs of delay in completing the Americans with Disabilities ActTenant Work and (iii) the extent of the adjustment, if any, in the Anticipated Delivery Date. Landlord The term “Order for Minor Change” shall provide all utilities, including electrical, HVAC, water, etc., during mean a minor change in the construction scope of the Tenant Improvements at no Work, not requiring any adjustment in the cost to Tenantof the Tenant Work or the Anticipated Commencement Date and not causing a material deviation from the Tenant Plans and Specifications.

Construction by Landlord. (a) Landlord shall construct and do such other work (collectively, the "Landlord's Work") in substantial conformity with the plans and outline specifications of the plan which have been initialed by the parties, and which are herein incorporated by reference Exhibit "A". If any material revision or supplement to Landlord's Work is deemed necessary by Landlord, at Landlord’s sole cost those revisions and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements supplements shall be charged by or payable submitted to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If any change, revision or supplement to the scope of the Landlord's Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord's Work within the time periods required (each, a "Tenant's Delay") then such occurrence shall ensure that full architectural, mechanical, electrical, plumbing, not change the Commencement Date of the Term and engineering drawings and construction documents are produced for the shall not alter Tenant's obligations under this Lease so long as Landlord advises Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten in writing of such Tenant's Delay on or before five (105) business days from receipt the date of the plans for the Tenant Improvements and specifications for the construction occurrence of the event giving rise to the Tenant's Delay. The Term shall commence on the date the Premises would have been delivered to Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids but for construction of the Tenant Improvements and will work with Tenant on an “open-book” basisTenant's Delay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the Landlord Work (including the finishes set forth therein). (b) Landlord shall endeavor to have the right to approve up to one (1) general contractor on Landlord's Work be substantially completed by the bid list. Tenant and Landlord shall mutually select Estimated Occupancy Date; provided, however, that the acceptable bidder to construct the Tenant Improvements. Landlord Estimated Occupancy Date shall be responsible extended for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform that additional time equal to the Tenant Improvements and comply with lawaggregate time lost by Landlord due to strikes or other labor disputes not caused by Landlord, including Tenant's Delay, intervening additional governmental restrictions, scarcity of labor or materials, war or other emergency, accidents, floods, fire or other casualties, atypical adverse weather conditions, or any cause which is beyond the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcreasonable control of Landlord., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. LandlordThe Landlord shall, at Landlord’s sole its cost and expenseexpense except as otherwise expressly agreed in this Lease, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause building (the Lease to commence by_____________. Parties acknowledge "Building") containing approximately 158,655 rentable square feet of floor space now under construction on the Landlord and Xxxxxx have mutually selected an architect satisfactory to Property substantially in accordance with Building plans prepared by Xxxxxxxx/Xxxxxxx & Associates, Inc.; the Parties interior "fitup" of the Premises substantially in accordance with plans therefor (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain the "Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced 's Interior Plans") dated 9/15/99 prepared for the Tenant by Xxxxxxx & Caulfield Associates, Inc. and attached hereto as Exhibit B to be consistent with the Building plans (said Building plans and Tenant's Interior Plans, as from time to time amended with the approval of the Tenant, being hereinafter collectively called the "Plans"); and the driveway(s), walkway(s), parking area(s) and other improvements to the Property substantially as shown on the Site Plan dated 11/6/98 (the "Site Plan"). Said Building, the interior work on the Premises and the driveway(s), walkway(s) and parking area(s) are hereinafter collectively called the "Improvements, which shall be submitted to Tenant for its approval". At a minimum, Landlord will implement those building construction standards mandated by local building code. The Tenant shall have ten (10) business days not unreasonably withhold or delay approval of any changes or amendments to the Plans which the Landlord may from receipt time to time propose, provided, however, that the Tenant need not approve any such proposed change or amendment which will materially adversely affect the value or quality or the Tenant's anticipated use of the plans for Premises or the Tenant Improvements suitability and specifications for the construction utility of the Tenant layout of the Premises for such use. The Landlord shall cause the Improvements to approve be so constructed in accordance with the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed Tenant's Interior Plans in a good and workmanlike manner free using new first-class materials and, except as otherwise permitted under variances or other deviations duly obtained, in compliance with all applicable laws, by-laws, ordinances, codes, rules, regulations, orders and other lawful requirements of defectsgovernmental bodies having jurisdiction, shall strictly conform it being the obligation of the Landlord, at its cost and expense, to the Tenant Improvements and comply with lawobtain from such bodies all permits, including the Americans with Disabilities Act. Landlord shall provide all utilitieslicenses, including electrical, HVAC, water, etc., during the certificates or other approvals required for construction of the Improvements and for the initial occupancy of the Premises by the Tenant. Without regard to the commencement of the Term, the Tenant Improvements shall reimburse Landlord, as and when the same are incurred or the applicable items of work are completed and within thirty (30) days after receipt of itemized invoices from the Landlord, for the actual costs of all change orders specifically requested by Tenant, and with any work incorporated into the Premises (pursuant to the Tenant's Interior Plans or otherwise requested or required by Tenant) in excess of the cost of the work provided for in the Tenant's Interior Plans and "Outline Specifications for NaviNet" dated September 21, 1999 such reimbursement to be made at no the Landlord's cost to Tenant.plus thirteen percent

Construction by Landlord. Landlord(a) Landlord shall construct and do such other work (collectively, at the “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan “SK-1” prepared by Xxxxxxxxx Architects Inc. dated May 8, 2006, which have been initialed by the parties, and which are herein incorporated by reference. Prior to the Possession Date, Landlord shall power wash the Building at its sole cost and expense, . (b) Landlord shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out a tenant allowance of $35.00 per rentable square foot for the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans Landlord Work (the “Pricing PlansTenant Allowance”) which ). Tenant shall include, but not be limited to, first use the Tenant Allowance toward the cost of the Landlord’s Work and then for other hard and soft construction costs; building code compliance costs associated with Tenant’s improvement of or move to the Building but in no event shall it be applied against Rent. (c) Upon Tenant’s written request, Landlord shall make available to Tenant an additional tenant allowance up to $10.00 per rentable square foot of the Premises (“Additional Allowance”). Tenant shall reimburse Landlord the Additional Allowance as mandated by local authorities; building standard window blinds; full architecturalRent amortized over the Term at an interest rate of twelve (12%) percent. By way of example, mechanicalin the event Tenant requests the entire Additional Allowance, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements the reimbursement to Landlord shall be charged by or payable to as set forth on Exhibit “E”, attached hereto and made a part hereof. (d) All costs for the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction Work in excess of the Tenant Improvements Allowance (and cause if requested, the Lease Additional Allowance, shall be borne by Tenant, and shall be paid to commence by_____________. Parties acknowledge Landlord within thirty (30) days of delivery of an invoice and reasonable documentation therefor. (e) Tenant shall deliver final plans and specifications for the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). IfWork in the form required to submit for permitting by no later than September 30, at 2006. (f) If any timematerial revision or supplement to Landlord’s Work is deemed reasonably necessary by Landlord, it becomes necessary those revisions and supplements shall be submitted to engage a new architect, Landlord shall first obtain Tenant’s Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord shall ensure that full architecturalbe delayed in such “substantial completion” as a result of (i) Tenant’s request for materials, mechanicalfinishes or installations other than Landlord’s standard; (ii) Tenant’s changes in said plans; (iii) the performance or completion of any work, electricallabor or services by a party employed by Tenant; or (iv) Tenant’s failure to provide or approve final plans, plumbingworking drawings or reflective ceiling plans within the time frame stated herein or by Landlord in its reasonable discretion the same shall constitute a “Tenant’s Delay” hereunder. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant then Landlord shall bid such requested change and engineering drawings provide to Tenant the cost and construction documents are produced timing for such change. Tenant shall then have two (2) business days to notify Landlord whether to proceed with the change and such increased costs associated with such change, revision or supplement shall be paid either from the Tenant ImprovementsAllowance or Additional Allowance if applicable or by Tenant upfront. Any change by Tenant shall not change the Possession Date or the Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. Landlord’s Work shall not constitute an Alteration under Article 10. (g) In addition to the foregoing, Tenant acknowledges and agrees that Tenant shall pay Landlord a reasonable Construction Management Fee of three percent (3%) of the hard costs of the Landlord’s Work. (h) Landlord shall bid the Landlord’s Work to at least three contractors one of which shall be submitted selected by Tenant and Landlord shall select the lowest qualified bid. (i) In the event that for any reason other than Tenant’s Delay the Landlord’s Work is not substantially completed within 150 days following Landlord’s receipt of all necessary permits and approval, then Tenant, upon ten (10) business days prior written notice to Tenant for its approval. At a minimumLandlord may elect to terminate this Lease; provided, Landlord will implement those building construction standards mandated by local building code. Tenant shall have that, if the Landlord’s Work is substantially completed within such ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any notice, such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord notice shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant deemed null and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcvoid., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. (a) Landlord shall diligently construct such work ("Landlord's Work") in substantial conformity with the plans and outline specifications, if any, which are listed on Exhibit B hereto attached, which have been initialed by the parties, and which are herein incorporated by reference. If any revision or supplement to Landlord's Work is requested by Tenant in writing or if Tenant fails to provide previously requested information in. a timely manner, or such other reasonable cooperation of Tenant is required by Landlord in connection with the diligent completion of Landlord's Work (each, a "Tenant's Delay") then, after written notice by Landlord, at such occurrence shall not change the Rent Commencement Date of the Term and shall not alter Tenant's obligations under this Lease. The Rent Commencement Date shall commence on the date all of the conditions set forth in Section 1(f) would have been satisfied but for Tenant's Delay. (b) That part of Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out 's Work described as Phase I of Exhibit B regarding the "High Bay" portion of the Premises ‘turn-key” shall be substantially completed by March 1, 2000, 2000, and that part of Landlord's Work described as Phase I of Exhibit B regarding the "Adjacent Space" portion of the Premises shall be substantially completed by March 15, 2000; provided, however, that such date shall be reasonably extended for that additional time equal to the aggregate time lost by Landlord due to strikes or other labor disputes, unavailability of labor or materials, approval from municipal/utility entities, war or other emergency, accidents, floods, fire or other casualties, weather conditions, or any cause similar or dissimilar to the foregoing which is beyond reasonable control of Landlord. (c) Delay in possession: Subject to any extensions contemplated in subparagraph (b)above, (i) In the event Landlord fails to deliver the entire Premises in accordance with mutually agreed upon pricing plans Phase I of Exhibit B to Tenant by April 30, 2000, Rent and Additional Rent on the Premises shall be abated until the date the entire Premises are delivered. (ii) In the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbingevent Landlord fails to deliver the entire Premises in accordance with Phase I. Phase II, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction managementPhase IV of Exhibit B to Tenant by July 1, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs2000, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consentterminate this lease upon written notice to Landlord stating that if Premises are not delivered within 30 days of the date of the notice the Lease shall terminate. Tenant's option to terminate this Lease shall expire on December 31, 2000 at which time, if the Premises have not been delivered this Lease shall terminate. (iii) Landlord shall use its best efforts to complete construction pay Tenant liquidated damages of $250 per day for each day after April 30 2000 that the work described in Phase I of Exhibit B is not completed (iv) If there is work required per Phase IV of Exhibit B, and such installation is not completed as of the First Rent Commencement Date, Tenant Improvements shall be entitled to a rental rate reduction of 50% for the portion(s) of the Premises so affected by the work necessary to install such system (i.e, the "High Bay" or "Adjacent Space" spaces, or both, as the case may be) through April 30, and cause a full rent abatement thereafter, until that work is substantially completed as reasonably established by Landlord's in a written notice to Tenant that such work has been completed. (v) In the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory event that (x) electric power to the Parties Premises is available by means other than as described as Phase Ill on Exhibit B, (“Landlord’s Architect”). If, at any time, it becomes necessary y) such means are acceptable to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbingTenant in its discretion reasonably exercised, and engineering drawings and construction documents are produced for the Tenant Improvements(z) Landlord fails to deliver Phase Ill of Exhibit III on or before July 1, which shall be submitted to Tenant for its approval. At a minimum2000, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right option to approve up assume the responsibility to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved obtain its own electric power in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etc., during the construction lieu of the requirements of Landlord as set forth in Phase Ill of Exhibit B. If neither Tenant Improvements at no cost nor Landlord have been able, after exercising best efforts, to Tenantcomplete Phase Ill of Exhibit B on or before December 1, 2000, Tenant shall have the option to terminate this Lease by written notice to Landlord given not later than December 31, 2000. (vi) Upon termination by Tenant under this Article 3 (c), Landlord shall, within 10 days of date of termination, return the security deposit received from Tenant in connection herewith.

Construction by Landlord. (a) Tenant hereby acknowledges that it has inspected the Premises, agrees to take the Premises in its "as is" condition and further agrees that Landlord shall not be required to perform any work, make any installations or incur any expense in connection with Tenant's occupancy of the Premises, except as specifically set forth herein. Notwithstanding the foregoing, Landlord shall perform the following work in and to the Premises (collectively, "Landlord's Work"): (a) erect a demising wall between the Premises and the remainder of the Building; and (b) separate existing utility and other Building systems and install a direct meter for the Premises. The electric current service to the Premises shall be no less than 800 amperes. (b) Tenant shall be solely responsible for moving its furniture and equipment, its telephone, computer and data systems (including all wiring, panels, conduits and outlets) and all other property in the Premises (at Landlord’s Tenant's sole cost and expense, ) in order to permit Landlord to perform Landlord's Work. Tenant hereby acknowledges that Landlord's Work shall provide be performed while Tenant leasehold improvements (“is occupying the Premises. Tenant Improvements”) sufficient hereby acknowledges and agrees that Landlord shall not be liable for any inconvenience to build out Tenant or for interference with Tenant's business or use of the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (during the “Pricing Plans”) which performance of Landlord's Work. Tenant and its employees, invitees, agents and contractors may use the Premises during the performance of Landlord's Work at their own risk, and Landlord shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated responsible for injury or damage to property or persons occasioned by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the performance of Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent's Work. Landlord shall use its best reasonable efforts to complete construction minimize interference with the operation of Tenant's business in the Tenant Improvements and cause Premises while performing Landlord's Work. Landlord further agrees that it shall not suspend electric service in the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties Premises in connection with its performance of Landlord's Work during Work Hours (“Landlord’s Architect”as hereinafter defined). IfFor purposes of this Paragraph, at any timethe term "Work Hours" shall mean the period from 8:00 a.m. to 7:00 p.m. on Monday through Friday, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Actexcluding legal holidays. Landlord shall provide all utilities, including electrical, HVAC, water, etcTenant with not less than seventy two (72) hours notice prior to suspending the electric services for such purposes. Landlord shall also provide Tenant with use of a temporary generator when so suspending electric services to enable Tenant to continue to operate its computer system in the Premises during such times., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord shall not be obligated to provide ------------------------ or pay for any improvement, remodeling or refurbishment work or services related to the improvement, remodeling or refurbishment of the Expansion Space and Tenant shall accept the Expansion Space in its "AS IS" condition except that Landlord will perform the following work, in accordance with building standards (collectively, the "Landlord's Work"): (a) cause the Expansion Space to be --------------- professionally cleaned prior to the Expansion Space Commencement Date, at Landlord’s sole cost (b) repaint the interior painted walls of the lobby in the Expansion Space with a color which matches as closely as commercially reasonably possible the color of the interior painted walls of the lobby in the original Premises, (c) replace the carpet in the lobby in the Expansion Space existing in such lobby as of the date of this Second Amendment with a carpet which matches as closely as commercially reasonably possible the carpet in the lobby of the original Premises and expense, (d) accent paint the trim in the Expansion Space. Landlord shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall includean allowance of up to, but not be limited toexceeding, hard Five Thousand Dollars ($5,000.00) (the "Tenant Improvement Allowance") to pay for the cost of ---------------------------- the design and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements portion of Landlord's Work described in clauses (b), (c) and cause (d) of the Lease to commence by_____________. Parties acknowledge immediately preceding sentence (including, without limitation, materials, labor, general contractor's fees and overhead and Landlord's supervision fee of four percent (4%) of the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“cost of Landlord’s Architect”'s Work). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have pay for all costs of the portion of Landlord's Work described in clauses (b), (c) and (d) above in excess of the Tenant Improvement Allowance, which payment shall be made to Landlord in cash within ten (10) business days from after Tenant's receipt of the plans for the invoice therefor from Landlord. Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheldentitled to receive in cash or as a credit against any rental or otherwise any portion of such Tenant Improvement Allowance not used to pay for Landlord's Work. Except for the portion of Landlord's Work described in clause (a) above, conditioned, or delayed. Landlord or shall perform Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements 's Work after Tenant's normal business hours pursuant to a schedule mutually approved by Landlord and will work with Tenant on an “open-book” basisTenant. Tenant hereby accepts any and all inconveniences associated with Landlord's Work (including reasonable interference with Tenant's business operations, paint fumes, noise and dust) and agrees that Landlord's Work shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on not constitute a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcconstructive eviction., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord(a) Landlord shall construct, at Landlord’s its sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” Building in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; base building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties specifications (“Landlord’s ArchitectWork”) as set forth in the Work Letter attached hereto as Exhibit “E” (“Work Letter”). (b) Landlord to provide a “turnkey” build out as per Landlord approved plans and specification attached hereto as “Exhibit E” (“Tenant’s Work”). If, at any time, it becomes necessary Tenant’s Work shall not include (1) dry sprinkler system in Tenant computer room and (2) ceiling tile alternate beyond the “Second Look” building standard but Tenant Work shall include a $2,000 allowance toward additional structural steel necessitated by a Tenant movable filing system. (c) In addition to engage a new architectthe Tenant’s Work, Landlord shall first obtain Tenant’s approval, which approval shall not provide an additional allowance up to $2.00 per rentable square foot of the Premises to be unreasonably withheld, conditioned, or delayedused solely by Tenant for moving expenses (“Moving Allowance”). Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which The Moving Allowance shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from paid upon receipt of paid invoices evidencing the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three moving expense. (3d) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etc., during Tenant with a construction schedule for the construction Landlord’s Work and the Tenant’s Work. In the event Landlord closes on the potential acquisition of the building where Tenant Improvements is currently a tenant, 0 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxxx Xxxx, Xxxxxxx, Xxx Xxxxxx (“5 Greentree Premises”) and Tenant is unable to occupy the Premises for any reason other than Force Majeure or Tenant Delay, then, from the date of Landlord’s ownership forward Landlord shall waive the holdover penalty for occupying the 5 Greentree Premises beyond the expiration of the lease term. In the event Landlord does not acquire the 5 Greentree Premises and the Commencement Date has not occurred by April 30, 2004 for any reason other than Force Majeure or Tenant Delay, then Landlord shall pay the holdover portion of Tenant’s rent (but not the base or additional rent due thereunder) at no cost to Tenantthe 5 Greentree Premises commencing May 1, 2004.

Construction by Landlord. Landlord, at Landlord’s sole cost and expense, Landlord shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out construct the Premises ‘turn-key” Building in accordance with mutually agreed upon pricing base building specifications to be attached hereto as Exhibit "E" and the work letter attached hereto as Exhibit "G" ("Work Letter") (collectively, the "Landlord's Work"). Landlord shall construct and do such other work to the Premises (collectively, the "Tenant Improvements") in substantial conformity with the plans (and outline specifications of the “Pricing Plans”) which shall include, but not be limited to, hard plan prepared by Xxxxxxx and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Associates. The Tenant Improvements shall be charged by or payable to constructed in accordance with the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consentWork Letter. Landlord shall use its best efforts only be responsible for payment of a maximum cost of $2,856,000 of which $204,000 may be used for moving expenses and $102,000 may be used for Tenant's architectural services (the "Tenant Allowance"), all such costs in excess thereof to complete construction be borne by Tenant, and shall be paid to Landlord within ten (10) days of the delivery of an invoice and reasonable documentation therefor. If any material revision or supplement to Tenant Improvements is deemed necessary by Landlord, those revisions and cause the Lease supplements shall be submitted to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord shall ensure that full architecturalbe delayed in such "substantial completion" as a result of (i) Tenant's failure to furnish plans and specifications within the time frame stated in the Work Letter; (ii) Tenant's request for materials, mechanicalfinishes or installations other than Landlord's standard; (iii) Tenant's changes in said plans; (iv) the performance or completion of any work, electricallabor or services by a party employed by Tenant; or (v) Tenant's failure to approve final plans, plumbing, working drawings or reflective ceiling plans within the time frame stated in the Work Letter; then the commencement of the Term of this Lease and engineering drawings and construction documents are produced for the Tenant Improvements, which payment of Fixed Rent hereunder shall be submitted accelerated by the number of days of such delay. If any change, revision or supplement to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction scope of the Tenant Improvements is requested by Tenant or if Tenant fails to approve provide information or cooperation required by Landlord in connection with Tenant Improvements within the plans and specifications or provide written comments or objections thereto. Any time periods required (each, a "Tenant's Delay") then such approval occurrence shall not change the Commencement Date of the Term and shall not alter Tenant's obligations under this Lease. Notwithstanding anything to the contrary stated in Section 3(a) above, the Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant's Delay. Tenant shall be unreasonably withheld, conditioned, or delayedsolely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the Landlord Work (including the finishes set forth therein). Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of will endeavor to Substantially Complete the Tenant Improvements and will work with Tenant on an “open-book” basisby February 1, 2002 ("Targeted Date"). Tenant shall have In the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to event the Tenant Improvements and comply with laware not Substantially Completed within two months of the Targeted Date ("Outside Date") for any reason other than Tenant Delay or Force Majeure, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etc., Fixed Rent during the construction of Term shall be abated day for day for each day after the Tenant Improvements at no cost to TenantOutside Date the Premises are not Substantially Completed.

Construction by Landlord. The Landlord shall, at its cost and expense except as otherwise expressly agreed in this Lease, complete construction of: the building (the "Building") containing approximately 119,970 rentable square feet of floor space now under construction on the Property substantially in accordance with Building plans prepared by Xxxxxxxx Design Group. Inc.; the interior "fit-up" of the Premises substantially in accordance with plans therefor (the "Tenant's Interior Plans"') now under preparation for the Tenant by Xxxxxxx & Xxxxxxxxx Associates, Inc. (Landlord, at Landlord’s sole cost and expensethe Term Commencement Date, shall provide Tenant leasehold pay $12,000 to Xxxxxxx & Caulfield for such plans) to be consistent with the Building plans (said Building plans and Tenant's Interior Plans, as from time to time amended with the approval of the Tenant, being hereinafter collectively called the "Plans"); and the driveway(s), walkway(s), parking area(s) and other improvements to the Property substantially as shown on the Site Plan dated 6/30/96 (“Tenant Improvements”) sufficient to build out the ''Site Plan"). Said Building, the interior work on the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (and the “Pricing Plans”driveway(s), walkway(s) which and parking area(s) are hereinafter collectively called the "Improvements". The Tenant shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees unreasonably withhold or other “mark ups” on Tenant Improvements shall be charged by delay approval of any changes or payable amendments to the LandlordPlans which the Landlord may from time to time propose, provided, however, that the Tenant need not approve any such proposed change or amendment which will materially adversely affect the value or quality or the Tenant's anticipated use of the Premises or the suitability and utility of the layout of the Premises for such use. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. The Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed so constructed in a good and workmanlike manner free using new first-class materials and, except as otherwise permitted under variances or other deviations duly obtained, in compliance with all applicable laws, by-laws, ordinances, codes, rules, regulations, orders and other lawful requirements of defectsgovernmental bodies having jurisdiction, shall strictly conform it being the obligation of the Landlord, at its cost and expense, to the Tenant Improvements and comply with lawobtain from such bodies all permits, including the Americans with Disabilities Act. Landlord shall provide all utilitieslicenses, including electrical, HVAC, water, etc., during the certificates or other approvals required for construction of the Improvements and for the initial occupancy of the Premises by the Tenant. Without regard to the commencement of the Term, the Tenant Improvements shall reimburse Landlord, as and when the same are incurred or the applicable items of work are completed and within fifteen (15) days after receipt of itemized invoices from the Landlord, for the actual costs of all change orders specifically requested by Tenant, and with any work incorporated into the Premises (pursuant to the Tenant's Interior Plans or otherwise requested or required by Tenant) in excess of the cost of the work provided for in the "Outline Specifications for CMG Information dated March 13, 1997 such reimbursement to be made at no the Landlord's cost to Tenant.plus thirteen percent

Construction by Landlord. Landlord(a) Landlord shall construct and do such other work (collectively, at the “Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant ImprovementsWork”) sufficient to build out in substantial conformity with the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (and outline specifications of the “Pricing Plans”) plan prepared by Xxxxxxx & Associates Inc. dated 10/15/98 and the engineering specifications from Xxxxxxx & Associates dated 11/6/98, which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated have been initialed by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbingthe parties, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged which are herein incorporated by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consentreference. Landlord shall use its best efforts deliver Premises Turn Key per Exhibit A, using Building Standard finishes. Landlords cost not to complete construction exceed $26.00 per square foot including space planning and architectural plans. Any changes to Exhibit A, which are not warranted for code reasons, or upgrades of finishes, if over the Tenant Improvements and cause the Lease Landlords cost per square foot, costs shall be borne by Tenant. If any material revision or supplement to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). IfWork is deemed necessary by Landlord, at any time, it becomes necessary those revisions and supplements shall be submitted to engage a new architect, Landlord shall first obtain Tenant’s Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord’s Work within the time periods required (each, a “Tenant’s Delay”) then such occurrence shall ensure that full architectural, mechanical, electrical, plumbing, not change the Commencement Date of the Term and engineering drawings and construction documents are produced for the shall not alter Tenant’s obligations under this Lease so long as Landlord advises Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten in writing of such Tenant’s Delay on or before five (105) business days from receipt the date of the plans for the Tenant Improvements and specifications for the construction occurrence of the event giving rise to the Tenant’s Delay. The Term shall commence on the date the Premises would have been delivered to Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlordbut for Tenant’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basisDelay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the Landlord Work (including the finishes set forth therein). (b) Landlord shall endeavor to have the right to approve up to one (1) general contractor on Landlord’s Work be substantially completed by the bid list. Tenant and Landlord shall mutually select Estimated Occupancy Date; provided, however, that the acceptable bidder to construct the Tenant Improvements. Landlord Estimated Occupancy Date shall be responsible extended for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform that additional time equal to the Tenant Improvements and comply with lawaggregate time lost by Landlord due to strikes or other labor disputes not caused by Landlord, including Tenant’s Delay, intervening additional governmental restrictions, scarcity of labor or materials, war or other emergency, accidents, floods, fire or other casualties, atypical adverse weather conditions, or any cause which is beyond the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcreasonable control of Landlord., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. LandlordThe Landlord shall complete, at Landlord’s sole the Tenant's cost and expenseexpense as set forth herein, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out certain work in the Premises ‘turn-key” as set forth, in general terms, in Exhibit B attached hereto (the "Work"). The Work will be performed in accordance with mutually agreed upon pricing final plans and specifications prepared by or on behalf of Tenant and approved by Landlord (the “Pricing "Tenant Work Plans”"). Landlord shall not unreasonably withhold its consent of Tenant's Work Plans. Landlord shall approve or deny Tenant's Work Plans within five (5) which business days after submission of the same to Landlord. If Landlord disapproves Tenant's Work Plans, the notice shall includestate the reasons therefor. Tenant shall be entitled to an allowance from the Landlord in the amount of $210,000 toward the cost of the Work (the "Allowance"). The Tenant may request an increase in the Allowance of up to $40,000 (the "Additional Allowance") by giving written notice of said request to the Landlord within three (3) business days from the date Landlord approves Tenant's Work Plans. In such event, but not Basic Rent as provided in Paragraph 6 hereof, shall be limited to, hard and soft construction costs; building code compliance increased so as mandated to reimburse the Landlord for the amount the Additional Allowance by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbingamortizing the Additional Allowance over the initial Term at a 10% interest rate, and engineering drawings adding the resulting amount to Basic Rent. Upon the Landlord's receipt of said request, it shall prepare and construction documents; electrical wiring deliver to the Tenant an amendment to this Lease reflecting the Basic Rent increased as aforesaid, and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on the Tenant Improvements shall be charged by or payable promptly execute and return said amendment to the Landlord. As part The Tenant shall not unreasonably withhold or delay approval of any changes or amendments to the Work or to Tenant's Work Plan which the Landlord may from time to time propose or require to cause the Work to comply with applicable building code requirements, provided, however, that the Tenant need not approve any such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx proposed change or choose their own space planner/architect with Xxxxxxxx’s reasonable consentamendment which will materially adversely affect the value or quality or the Tenant's anticipated use of the Premises. The Landlord shall use its best exercise all commercially reasonable efforts to substantially complete construction the Work by that date which is thirty (30) days after approval by Landlord of Tenant's Work Plans, as such date shall be automatically extended for the periods of (i) any delays caused by the Tenant's changes to Tenant's Work Plans, any delays in the Tenant's approval of amendments to the Work, and any other delays which are the responsibility of the Tenant Improvements (any and cause all such delays being referred to as "Tenant Delays"); and (ii) any delays which result from strikes, inability to obtain materials (or substitutes acceptable to the Tenant at comparable cost), fire or other casualty and from any causes beyond the commercially reasonable control of the Landlord. If the Work is not Substantially Complete by the date that is ninety (90) days following Landlord's `approval of Tenant's Work Plans, as a result of delays caused solely and directly by the acts or omissions of Landlord, its contractors, agents or employees, then this Lease shall not be affected thereby but, in such case, Tenant's obligation to pay Basic Rent as of the date Basic Rent commences pursuant to Paragraph 6 hereof, shall xxxxx in the amount of one day's Basic Rent for every day of delay beyond the aforesaid ninety (90) day period. If the Commencement Date has not occurred within one (1) year of the date of this Lease, the Lease shall terminate without further action of either party. The Work shall be deemed to commence by_____________. Parties acknowledge be "Substantially Complete" when the same is complete in accordance with Tenant's Work Plans and the other provisions hereof evidenced by delivery to Tenant of a temporary certificate of occupancy and a certification from the Landlord's architect, except only for items of work specified in a so-called "punch list" signed by the Landlord and Xxxxxx have mutually selected the Tenant containing items which would customarily be classified as "punch list" items, the delayed completion of which will not substantially interfere with the Tenant's use of the Premises as contemplated hereby. The Tenant shall reimburse the Landlord, within thirty (30) days after receipt of itemized invoices from the Landlord for, (i) all costs in excess of the Allowance associated with change orders approved by the Tenant (Tenant agrees that it will obtain an architect satisfactory estimate of the costs of the change order before approving the same), and (ii) the cost of any Work in excess of the Allowance. All such costs shall be reimbursed at the Landlord's cost plus one percent (1%) for administrative services, three percent (3%) for overhead and three percent (3%) for general conditions. Tenant represents that Tenant has inspected the Premises and the Building and is thoroughly acquainted with their condition and takes the premises "as is," subject to the Parties (“Landlord’s Architect”)completion of the Work and the taking of possession of the Premises by Tenant shall be conclusive evidence that the Premises and the Building were in good and satisfactory condition at the time possession was taken by Tenant, subject, however, to the completion of the Work. If, at any time, it becomes necessary to engage a new architectNotwithstanding the foregoing, Landlord shall first obtain Tenant’s approvalrepresents that the heating, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanicalventilating and air conditioning, electrical, plumbingplumbing and mechanical systems will be in good working order as of the date of Substantial Completion, as defined below. Neither Landlord nor Landlord's agents have made any representations or promises with respect to the condition of the Building, the Premises, the Property, or any other matter or thing affecting or related to the Building or the Premises, except as herein expressly set forth, and engineering drawings and construction documents no rights, easements or licenses are produced for the acquired by Tenant Improvements, which shall be submitted to Tenant for its approvalby implication or otherwise except as expressly set forth in this Lease. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. The Tenant shall have the right to approve up to one (1) general contractor on perform work in the bid list. Tenant Premises during the period the Landlord is performing the Work provided it is at the Tenant's sole risk and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amountsexpense, and provided there is no interference with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcWork., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord, at Landlord’s sole cost and expense, The Landlord shall provide Tenant leasehold construct certain initial ------------------------- improvements (“Tenant hereinafter, "Initial Improvements”") sufficient upon the Land in substantial conformity with the "Site and Development/Construction Plans" dated 2/26/99 prepared by AM Engineering, Inc. which are attached hereto as Exhibit "B", hereinafter referred to as the "Site Plans", the building plans dated 5/31/00 prepared by Xxxxxx X. Xxxxxxx, Xx. which are attached hereto as Exhibit "C", as same have been modified by the Proposed First and Second Floor Plan dated 11/2/00 prepared by Corporate Distinctions which are attached hereto as Exhibit "D", hereinafter collectively referred to as the "Building Plans", and the specifications for interior build out set forth on the "TENANT BUILDOUT AS PROVIDED BY DEVELOPER" prepared by Gateway Building & Design Corp. which is attached hereto as Exhibit "E", hereinafter referred to as the "Building Specifications". The interior space of the Premises ‘turn-key” shall be finished in accordance with mutually agreed upon pricing plans the Building Specifications and the "ROOM FINISH SCHEDULE (s)" found on sheet 6 of Exhibit "C". For this purpose the “Pricing Plans”) which name of each space noted on the attached Exhibit "D" shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” correlate to the same name indicated on Tenant Improvements the room finish schedules appearing on sheet 6 of Exhibit "C". All doors shall be charged by or payable to provided and installed as per the "DOOR SCHEDULE" found on Exhibit "D". Provided, however, that Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete 's responsibility concerning construction of the Tenant Initial Improvements shall include and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory be subject to the Parties following provisions: (“Landlord’s Architect”). Ifa) The exterior of the front of the building shall be constructed with freeze bands, at any timepedestal bands, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbingdoor bands, and engineering drawings and construction documents are produced for stone on the Tenant Improvements, which columns; (b) The room finish schedule shall be submitted modified as it applies to Tenant the three conference rooms and the training room to provide for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements wood base and specifications for the construction of the Tenant Improvements to approve the plans cove moldings and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid listwet bar; (c) An agreed allowance of $34,000.00 for data/voice wiring including cabling connectors and hardware shall be provided by Landlord. Tenant may not apply any unused portion of said allowance to any other aspect of the design, construction, or build out contemplated under this Lease. Tenant may contract for the wiring and cabling work contemplated under this sub- paragraph with the contractor of its choice and shall submit all invoices for same to Landlord's contractor or construction manager directly. In consideration for Landlord's consent to this arrangement, Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall not be responsible for contracting for any delays in the completion of said work, and the failure to complete said work on a not-to-exceed basis, approved shall not be considered in writing by the Tenant and managing determination of substantial completion of the general contractor’s performanceInitial Improvements hereunder. All contractors and subcontractors Subsections (a) through (c) above describe what shall be required hereinafter referred to procure as the "Additional Work". Exhibits "B" through "E" which have been attached hereto and maintain insurance against such risksmade a part hereof shall sometimes be referred to herein as the "Plan". It is expressly agreed that Landlord's construction cost responsibility hereunder shall be limited to the Plan, in such amountsit being the intention of the parties hereto that any additional costs associated with changes to or deviations therefrom shall be borne solely by Tenant. Said additional costs shall include, without limitation, costs of construction and the costs of design, space planning, and with such companies engineering services. Additional leased space may be constructed and added to the Improvements under this Lease only upon Landlord's approval. Such additional leased space shall hereinafter be referred to as "Additional Improvements". Landlord may reasonably require. All work shall be performed deny such request in a good its sole and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcabsolute discretion., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Before delivering possession of the Leased Premises to Tenant, Landlord shall obtain all required zoning and permits for the construction and operation of the Leased Premises and the Building and shall erect and complete the Building, which Building shall be a modern one-story structure. The Building shall be of such exterior and structural design and character as is acceptable to Tenant and as will also meet Tenant's requirements for its permanent exterior signs, which may extend above the Building and shall be at locations visible from the entire Parking Area The Leased Premises and Building shall be erected and completed by Landlord, at Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections theretodescribed below, and shall contain Tenant's specific requirements for the operation of Tenant's business, which requirements will include, among other things, the items and installations listed in the Criteria Specifications for Self-Serve Walgreen Store prepared by Walgreen Co., revised January 1, 1994, and Criteria Plans, including the drawings referenced on Exhibit "C" attached hereto, heretofore delivered to Landlord and incorporated herein by reference and made a part hereof. Any All such approval work by Landlord shall not be unreasonably withhelddone by contractors selected by Landlord and acceptable to Tenant and shall comply with the requirements of public authorities. All such work shall be done in a firstclass, conditionedgood, or delayed. Landlord or and workmanlike manner, free and clear of all liens and encumbrances for labor and materials furnished to Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have reimburse Landlord for any cost increase resulting from constructing the right Building in accordance with the drawings referenced in Exhibit "C" instead of the drawings originally sent to approve up to one (Landlord dated July 1) general contractor on the bid list. Tenant , 1993 and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved referenced in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform Exhibit "C-1" attached to the Tenant Improvements and comply with law, including Lease (excluding the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcadditional cost of brick veneer)., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. The Demised Premises shall be completed and delivered to Tenant promptly and with due diligence. If Landlord has not commenced Landlord's Construction (defined below) with respect to the Demised Premises by October 15, 1995, then Tenant, without prejudice to Tenant's other rights and remedies hereunder or at law or in equity, may terminate this lease on written notice to Landlord. For purposes of this Article 6, "commencement" of Landlord's Construction shall mean (a) the completion of all required demolition and the receipt of all required building permits, if the Demised Premises are located within an existing building, or (b) the installation of all required footers for the Demised Premises and the receipt of all required building permits, if the building in which the Demised Premises are to be located is to be constructed after the date of execution of this lease. Landlord shall diligently prosecute Landlord's Construction to completion without interruption or delay (other than such delays as are beyond the control of Landlord such as strikes, lockouts, acts of God and governmental orders or decrees ("Force Majeure")), in a first-class and in a good and workmanlike manner, using good materials, in accordance with the Plans (as in Article 7), and in compliance with all applicable laws and regulations of federal, state and municipal governments, or any department or division thereof, including building codes. Landlord, at Landlord’s sole cost and 's expense, shall provide procure all building and other permits and approvals necessary for performing Landlord's Construction. Landlord and Tenant leasehold improvements acknowledge that attached hereto as Exhibit (“"Landlord's Construction Schedule") is the construction schedule for the performance of Landlord's Construction, including the dates by which designated parts of Landlord's Construction, as set forth in Exhibit must be completed, once Landlord has commenced Landlord's Construction. Landlord represents and warrants that (a) performance of Landlord's Construction shall adhere to Landlord's Construction Schedule and (b) the Date of Occupancy (as defined in Article 1 1) shall occur on March 1, 1996, or such later date as may result from Force Majeure. If the Date of Occupancy occurs prior to such required date, Tenant Improvements”) sufficient to build out shall have the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall includeright, but not be limited toobligated, hard and soft construction costs; building code compliance as mandated to take possession of the Demised Premises prior to such required date. If either (a) the perforinance of Landlord's Construction fails to adhere to Landlord's Construction Schedule or (b) the Date of Occupancy does not occur by local authorities; building standard window blinds; full architecturalthe required date, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable entitled to the Landlord. As two (2) days free of minimum rent for each day that any part of such costs, Tenant may work with _____________ Landlord's Construction is delayed beyond the date set forth in Landlord's Construction Schedule andlor for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction each day that the Date of Occupancy is delayed beyond the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basisrequired date set forth above. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risksright, in such amountsaddition to other rights and remedies available to Tenant at law or in equity, and with such companies as to terminate this lease by written notice to Landlord may reasonably require. All work shall be performed if for reasons other than Force Majeure either (a) the performance of Landlord's Construction is delayed for a period of ninety (90) days after any designated completion date set forth in a good and workmanlike manner free of defectsLandlord's Construction Schedule, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etc., during the construction of the Tenant Improvements at no cost to Tenant.or

Construction by Landlord. (a) Landlord, at Landlord’s its sole cost and expense, shall provide Tenant leasehold improvements construct and do such other work (“Tenant Improvements”) sufficient to build out collectively, the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s ArchitectWork”), in substantial conformity with the plan and construction notes prepared by d2 Solutions attached hereto, made a part hereof and marked as Exhibit “D”. IfLandlord’s Work shall be performed on a turnkey basis. (b) If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, at any time, it becomes necessary those revisions and supplements shall be submitted to engage a new architect, Landlord shall first obtain Tenant’s Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord shall ensure that full architecturalbe delayed in such “substantial completion” as a result of (i) Tenant’s failure to furnish plans and finish specifications by September 24, mechanical2010 (so long as Landlord has provided finish specifications to Tenant by September 17, electrical2010); (ii) Tenant’s request for materials, plumbingfinishes or installations other than Landlord’s standard; (iii) Tenant’s changes in said plans; (iv) the performance or completion of any work, labor or services by a party employed by Tenant; or (v) Tenant’s failure to approve final plans, working drawings, permit drawings or reflective ceiling plans by September 24, 2010 (so long as Landlord has provided same to Tenant by September 17, 2010) (each, a “Tenant’s Delay”); then the commencement of the Term of this Lease and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such delay. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant, then such increased costs associated with such change, revision or supplement shall be paid by Tenant upfront and such occurrence shall not change the Commencement Date of the Term and shall not alter Tenant’s obligations under this Lease. (c) Notwithstanding anything to the contrary stated in Article 3 above, the Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant’s Delay or Tenant’s change order. Landlord’s Work constitutes an Alteration under Article 10. (d) Upon notification by Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Premises, at which time a punchlist of outstanding items, if any, shall be completed. Landlord shall complete the punchlist items to Tenant’s reasonable satisfaction within a reasonable time thereafter, such time not to exceed thirty (30) days from the actual inspection, unless such items cannot be completed within such time, and engineering drawings then, in such reasonable time, so long as Landlord is diligently pursuing such items. In addition, Landlord, at its sole cost and construction documents are produced for the Tenant Improvementsexpense, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or correct any latent defects in Landlord’s Architect shall obtain three (3) separate bids for construction of the Work, so long as Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right delivers written notice thereof to approve up to Landlord within one (1) general contractor on year from the bid list. Tenant Commencement Date. (e) Notwithstanding anything to the contrary contained herein, Landlord represents and Landlord shall mutually select warrants that as of the acceptable bidder to construct Commencement Date: (i) the Tenant Improvements. Landlord heating, ventilation, air conditioning, plumbing, electrical, mechanical and other building systems serving the Premises shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcworking order., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. LandlordLandlord shall, at Landlord’s its sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out construct the Premises ‘turn-key” Building in accordance with mutually agreed upon pricing the Base Building Plans attached hereto as Exhibit "E". (a) Unless Tenant elects otherwise by October 25, 2000, Landlord shall further construct and do such other work (collectively, the "Landlord's Work") in substantial conformity with the plans (and outline specifications of the “Pricing Plans”) plan prepared by Xxxxxxx Xxxxxxxx dated which shall include, but not be limited to, hard approved by ---------------- Landlord and soft construction costs; building code compliance as mandated initialed by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbingthe parties, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements when complete shall be charged incorporated by or payable reference. If Tenant elects to do the Landlord's Work, as aforesaid, the same shall be done in accordance with subsection (b) below. As part of such costsTenant shall deliver its plans by November 3, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent2000. Landlord shall use its best efforts to complete construction only be responsible for payment of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge a maximum cost of $30.00 per rentable square foot for the Landlord Work including Greenville Partner's consulting fee and Xxxxxx have mutually selected up to $2.00 per rentable square foot for space planning (the "Tenant Allowance"), all such costs in excess thereof to be borne by Tenant, and shall be paid to Landlord within ten (10) days of delivery of an architect satisfactory to invoice and reasonable documentation therefor. Notwithstanding the Parties (“Landlord’s Architect”). If, at any time, it becomes necessary to engage a new architectforegoing, Landlord shall first obtain also pay up to $0.10 per rentable square foot for preliminary space plans, all costs in excess of such amount for preliminary space plans, shall be paid by Tenant’s . Tenant shall be free to use its own space planner or architect in the design and documentation of the tenant improvements, provided such professional coordinates its designs and drawings with Landlord's base building professional. If any material revision or supplement to Landlord's Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld, conditioned, withheld or delayed. If Landlord shall ensure that full architecturalbe delayed in such "substantial completion" as a result of (i) Tenant's failure to furnish plans and specifications within the time frames specified by Landlord; (ii) Tenant's request for materials, mechanicalfinishes or installations other than Landlord's standard; (iii) Tenant's changes in said plans; (iv) the performance or completion of any work, electricallabor or services by a party employed by Tenant; or (v) Tenant's failure to approve final plans, plumbingworking drawings or reflective ceiling plans within the time frame specified by Landlord (each, a "Tenant's Delay"); then the commencement of the Term of this Lease and engineering drawings and construction documents are produced for the Tenant Improvements, which payment of Fixed Rent hereunder shall be submitted to Tenant for its approvalaccelerated by the number of days of such delay. At a minimum, All time periods set by Landlord will implement those building construction standards mandated by local building code. or Tenant shall have be reasonable under the circumstances and shall not be less than two (2) business days or more than ten (10) business days from receipt days. If any change, revision or supplement to the scope of the plans for Landlord's Work is requested by Tenant or if Tenant fails to provide information or cooperation required by Landlord in connection with Landlord's Work within the Tenant Improvements and specifications for time periods required then such occurrence shall not change the construction Commencement Date of the Tenant Improvements to approve the plans Term and specifications or provide written comments or objections thereto. Any such approval shall not be unreasonably withheldalter Tenant's obligations under this Lease. Notwithstanding anything to the contrary stated in Section 3(a) above, conditioned, or delayed. Landlord or Landlord’s Architect the Term shall obtain three (3) separate bids commence on the date the Premises would have been delivered to Tenant but for construction of the Tenant Improvements and will work with Tenant on an “open-book” basisTenant's Delay. Tenant shall be solely responsible for all reasonably documented and invoiced expenses which increase the costs incurred in connection with a Tenant requested change in the scope of the Landlord Work (including the finishes set forth therein) above the Tenant Allowance. Notwithstanding anything to the contrary contained herein, if the entire Tenant Allowance is not spent by Tenant on Landlord's Work, the balance may be spent by Tenant for furniture, fixtures, or equipment or serve as a credit against the second payment of Rent due hereunder. In addition to the foregoing, Tenant acknowledges and agrees that Tenant shall pay Landlord a reasonable Construction Management Fee of 3% of the cost of the Landlord's Work in connection with Landlord's services in supervising and review of all of the Landlord Work. (b) Tenant and its authorized agents, employees and contractors shall have the right right, at Tenant's own risk, expense and responsibility, at all reasonable times prior to approve up the Commencement Date to one (1) general contractor on enter the bid list. Premises for the purpose of taking measurements and installings its furnishings, fixtures and equipment, or, if Tenant and Landlord shall mutually select the acceptable bidder has so elected, to construct the Landlord's Work, provided that Tenant, in so doing, shall comply with the following provisions: (i) Tenant Improvements. shall first obtain the approval of Landlord of the specific work it proposes to perform and shall furnish Landlord with reasonably detailed plans and specifications; (ii) The work shall be performed by responsible for contracting for contractors and subcontractors who shall not prejudice Landlord's relationship with Landlord's contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in advance and maintain in effect workmen's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord's contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; (iii) No such work on a not-to-exceed basis, approved shall be performed in writing such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord's contractors or subcontractors in the Premises or in the Building generally; (iv) Tenant and managing the general contractor’s performance. All its contractors and subcontractors shall be required to procure solely responsible for the transportation, safekeeping and maintain insurance against storage of materials and equipment used in the performance of such riskswork, in such amountsfor the removal of waste and debris resulting therefrom, and with such companies as Landlord may reasonably require. All for any damage caused by them to any installations or work shall be performed in a good by Landlord's contractors and workmanlike manner free of defects, shall strictly conform to the Tenant Improvements and comply with law, including the Americans with Disabilities Act. Landlord shall provide all utilities, including electrical, HVAC, water, etcsubcontractors., during the construction of the Tenant Improvements at no cost to Tenant.

Construction by Landlord. Landlord, at (a) Landlord shall commence and pursue the work shown on the Scope of Landlord’s sole cost and expense, shall provide Tenant leasehold improvements (“Tenant Improvements”) sufficient to build out the Premises ‘turn-key” in accordance with mutually agreed upon pricing plans Work (the “Pricing Plans”) which shall include, but not be limited to, hard and soft construction costs; building code compliance as mandated by local authorities; building standard window blinds; full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents; electrical wiring and data/phone wiring; mechanical alterations; move costs; no construction management, coordination fees or other “mark ups” on Tenant Improvements shall be charged by or payable to the Landlord. As part of such costs, Tenant may work with _____________ for space planners/architects employed by Xxxxxxxx or choose their own space planner/architect with Xxxxxxxx’s reasonable consent. Landlord shall use its best efforts to complete construction of the Tenant Improvements and cause the Lease to commence by_____________. Parties acknowledge the Landlord and Xxxxxx have mutually selected an architect satisfactory to the Parties (“Landlord’s ArchitectWork”). If, at any time, it becomes necessary to engage a new architect, Landlord shall first obtain Tenant’s approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Landlord shall ensure that full architectural, mechanical, electrical, plumbing, and engineering drawings and construction documents are produced for the Tenant Improvements, which shall be submitted to Tenant for its approval. At a minimum, Landlord will implement those building construction standards mandated by local building code. Tenant shall have ten (10) business days from receipt A site plan of the plans for the Tenant Improvements and specifications for the construction of the Tenant Improvements to approve the plans and specifications or provide written comments or objections thereto. Any is attached hereto as Exhibit E. All such approval shall not be unreasonably withheld, conditioned, or delayed. Landlord or Landlord’s Architect shall obtain three (3) separate bids for construction of the Tenant Improvements and will work with Tenant on an “open-book” basis. Tenant shall have the right to approve up to one (1) general contractor on the bid list. Tenant and Landlord shall mutually select the acceptable bidder to construct the Tenant Improvements. Landlord shall be responsible for contracting for the work on a not-to-exceed basis, approved in writing by the Tenant and managing the general contractor’s performance. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. All work shall be performed in a good and workmanlike manner free and in accordance with all governmental permits required and/or issued therefor. Until the Turnover Date, Landlord shall bear the risk of defectsloss with respect to the Improvements. The Landlord’s Work shall be performed in compliance with applicable laws and substantially in accordance with the plans and specifications prepared by Xxxxxxxx-Xxxxxxx Architects, Inc. (the “Architect”) and derived from the Scope of Landlord’s Work (the “Construction Plans”). Landlord shall strictly conform submit the Construction Plans to Tenant for Tenant’s review and approval, such approval not to be unreasonably withheld, conditioned or delay. If Tenant fails to approve or to make objections to the Construction Plans within five (5) business days after receipt thereof, then Tenant shall be liable for Tenant Delay and if Tenant has not approved or made objections to the Construction Plans within thirty (30) days after receipt thereof, then such Construction Plans shall be deemed approved by Tenant. Furthermore, Tenant shall not have the right to object to any portion of the Construction Plans which are a reasonable, but not a material deviation from the Scope of Landlord’s Work. In the event of any conflict between the Construction Plans and the Scope of Landlord’s Work, the Scope of Landlord’s Work shall control. Landlord shall perform all of the Landlord’s Work at its sole cost and expense, except for Tenant Changes. (b) All Tenant Changes shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All Tenant Changes shall be evidenced by a written change order executed by each of the Landlord and Tenant’s authorized employee designated in writing by Tenant. Within five (5) business days of a request for a Tenant Change, the Landlord shall provide to the Tenant Improvements a written estimate of the increase (or decrease) in the cost of the Landlord’s Work resulting therefrom, and comply any delays in the Scheduled Turnover Date resulting therefrom. Tenant shall thereafter have a period of three business (3) days from receipt of such written notice to advise the Landlord, in writing, whether it desires to proceed with lawsuch Tenant Change. If Tenant elects to proceed with such Tenant Change, including then Tenant shall pay, if applicable, to the Americans with Disabilities ActLandlord the amount of the increase in the cost of the Landlord’s Work resulting from such Tenant Change and, if necessary, the Scheduled Turnover Date will be extended by the number of days, if any, of delay resulting from such Tenant Change. Landlord shall not be obligated to commence work with respect to any Tenant Change until Landlord has received payment of the cost of such Tenant Change and any delay in the payment of such Tenant Change shall constitute Tenant Delay. (c) Tenant anticipates making certain improvements to the Premises (collectively, the “Tenant’s Work”). All Tenant’s Work shall be performed in accordance with all applicable laws, in a good and workmanlike manner and in substantial accordance with plans and specification approved by Landlord in writing, such approval not to be unreasonably withheld, conditioned or delayed. Landlord agrees that the Tenant Work may provide all utilities, including electrical, HVAC, water, etc., during for an occupied second floor allowing for mechanical equipment access within the construction Premises without liability for additional rent as long as the footprint of the office portion of the Premises does not exceed 25% of the footprint of the building. Landlord has agreed to reimburse Tenant for the cost and expense of the Tenant Improvements Work in an amount not to exceed $2,156,500.00 plus the amount of any credits that are due to Tenant based on Landlord’s reduction in the price of Landlord’s Work that are made at the request of Tenant, as set forth in the Scope/ Cost Adjustments attached hereto as Exhibit G (the “Allowance”). If Tenant notifies Landlord in writing, on or before October 15, 2014 (the “Reduced Allowance Notification Date”), that Tenant desires to reduce the Allowance to an amount equal to $206,500 (the “Reduced Allowance”), then Tenant shall receive the Reduced Allowance and not the Allowance, the Annual Basic Rental shall be as set forth in the definition thereof as the amount of Annual Basic Rental if Tenant receives the Reduced Allowance and the Letter of Credit may be reduced to $740,000. The Allowance or the Reduced Allowance, as applicable, shall in no event be used to reimburse Tenant for the cost of any removable property, furniture, equipment or fixtures and may only be used for permanent improvements to the Premises. Landlord shall pay twenty-five percent (25%) of the Allowance or Reduced Allowance, as applicable, to Tenant within thirty (30) days of receipt of a request for payment and evidence reasonably satisfactory to Landlord that a permit has been obtained by Tenant for the Tenant’s Work but not before the Reduced Allowance Notification Date. Fifty percent (50%) for the Allowance or Reduced Allowance, as applicable, shall be paid to Tenant within thirty (30) days of receipt of a request for payment and evidence reasonably satisfactory to Landlord that the Tenant’s Work is not less than fifty percent 50% complete. The remaining 25% of the Allowance or the Reduced Allowance, as applicable, shall be paid to Tenant within thirty (30) days of receipt of a request for such payment along with a copy of the temporary or permanent certificate of occupancy for the Premises and in no event before the first installment of Annual Basic Rental has been paid. In no event shall Landlord be required to pay any such amount if at the time Tenant such payment is due, an Event of Default has occurred and is continuing or an event has occurred that with the passage of time or the giving of notice, of both, would constitute an Event of Default. (d) Landlord also agrees to provide, if requested by Tenant, an additional allowance of up to $390,000 (the “Additional Amortizable Improvement Allowance”) to reimburse Tenant for the cost of Tenant’s Work. If Tenant elects to receive all or any portion of the Additional Amortizable Improvement Allowance, then such amount of the Additional Amortizable Improvement Allowance Tenant elected to be paid shall be paid by Landlord to Tenant within thirty (30) days of receipt of an invoice therefor, but in no event prior to the date Tenant has obtained a temporary or permanent certificate of occupancy for the Premises. In no event shall Landlord be required to pay any Additional Amortizable Improvement Allowance if at the time Tenant such payment is due, an Event of Default has occurred and is continuing or an event has occurred that with the passage of time or the giving of notice, of both, would constitute an Event of Default. If Tenant is paid any Additional Amortizable Improvement Allowance, then the Annual Basic Rental shall be increased for ten years by the annual amount necessary to amortize 104% of the amount of the Additional Amortizable Improvement Allowance over ten years at 9.0% per annum. For example, if Tenant requests to be paid $100,000 of the Additional Amortizable Improvement Allowance, then the Annual Basic Rental for each of Rental Years 1 through 10 shall increase by $15,809.16, or $1,317.43 per month. Tenant also agrees to increase the amount of the Letter of Credit (hereinafter defined) by 20% of the amount of the Additional Amortizable Improvement Allowance it elects to receive. (e) Tenant’s use of the Premises requires certain governmental approvals and permits. Tenant acknowledges and agrees that except for all permits required to construct the Improvements, Tenant is responsible (at its sole cost and expense) for obtaining all the permits and approvals necessary for it to conduct the Permitted Use (collectively, the “Permits”). A failure by Tenant to obtain the Permits shall not delay or extend either the Turnover Date or the Rent Commencement Date.