Common use of Construction of Alterations Clause in Contracts

Construction of Alterations. All work in connection with any Alteration shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all applicable laws (including laws regarding asbestos, if applicable) and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor shall be subject to Landlord's prior approval, as provided above, and (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premises.

Construction of Alterations. All work in connection with any Alteration Tenant shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with pay when due all applicable laws (including laws regarding asbestos, if applicable) and Landlord's construction procedures claims for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant materials furnished or alleged to Paragraph 9.b. abovehave been furnished to or for Tenant at, the following provisions shall apply: (i) Tenant's Contractor shall be subject to Landlord's prior approvalon, as provided above, and (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract or for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction use in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of . Tenant shall keep the Building, performing such work during including the Premises, free and clear of all mechanics’ liens and all other than business hoursliens. Tenant shall give Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment immediate written notice of any sums agreed lien filed against the Building, including the Premises, related to be paid or arising from work performed by Tenant or for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of LandlordTenant. Tenant shall give Landlord not less than five ten (510) days days’ prior written notice of the date commencement of any Alterations in the construction Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1-1/2) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s attorneys’ fees and disbursements, court costs and other costs in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the Alteration is California Civil Code, as amended or recodified from time to commencetime (“Tenant’s Certificate of Completion”), in recordable form. Landlord may post and shall have the right to record an appropriate notice or cause Tenant to record Tenant’s Certificate of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord Completion in or on the PremisesOfficial Records of the County Recorder’s Office of the County of Santa Clara, California.

Construction of Alterations. All work in connection with any Alteration shall be performed diligently Tenant may construct non-structural alterations, additions and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all applicable laws improvements (including laws regarding asbestos, if applicable"Alterations") and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor shall be subject to without Landlord's prior approval, as if the per incidence cost of the Alteration in question does not exceed One hundred thousand and no/100 Dollars ($100,000) provided abovethat Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. And Landlord will advise, within 48 hours, whether it is to be restored when the lease terminates If Tenant desires to make Alterations costing more than One hundred thousand and no/100 Dollars (ii$100,000) or structural Alterations, Tenant shall first obtain Landlord's consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within seven (7) days following Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission written request for approval and delivery to Landlord of Tenant's Contractor's state license number)the proposed plans, and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by then Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on deemed to have approved the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hoursproposed Alternation. Landlord shall have no responsibility for furnishing within the above-stated seven (7) day period advise Tenant in writing as to whether Landlord shall require removal of any security services Alteration in question upon the Expiration Date or about the Building or Premises to safeguard Tenant's construction earlier termination of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of LandlordLease Term. Tenant shall give agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, as agreed upon by Landlord not less than five and Tenant and (5b) days prior Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (a) written notice of the anticipated start date and the construction actual start date of the Alteration is to commencework, and (b) a complete set of as-built drawings upon completion of the work. Landlord may post All Alterations shall be (a) performed in compliance with all applicable Laws and record an appropriate notice of nonresponsibility with respect to any Alteration (b) maintained, replaced or repaired by Tenant at Tenant's sole costs and Tenant shall maintain any such notices posted by Landlord in or on the Premisesexpense.

Construction of Alterations. All work in connection with any Alteration Tenant shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with pay when due all applicable laws (including laws regarding asbestos, if applicable) and Landlord's construction procedures claims for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant materials furnished or alleged to Paragraph 9.b. abovehave been furnished to or for Tenant at, the following provisions shall apply: (i) Tenant's Contractor shall be subject to Landlord's prior approvalon, as provided above, and (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract or for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction use in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of . Tenant shall keep the Building, performing such work during including the Premises, free and clear of all mechanics’ liens and all other than business hoursliens. Tenant shall give Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment immediate written notice of any sums agreed lien filed against the Building, including the Premises, related to be paid or arising from work performed by Tenant or for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of LandlordTenant. Tenant shall give Landlord not less than five ten (510) days days’ prior written notice of the date commencement of any Alterations in the construction Premises, and Landlord shall have the right to post notices of non-responsibility in or upon the Premises as provided by law. If Tenant shall in good faith contest the validity of any such lien, claim or demand, then Tenant, at its sole expense, shall defend, indemnify and hold Tenant and Landlord harmless against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Tenant, Landlord, the Premises or the Building. Upon Landlord’s request, Tenant shall furnish to Landlord a corporate surety bond, in form and content and issued by a corporate surety satisfactory to Landlord, in an amount equal to one and one-half (1½) times the amount of such contested lien, claim or demand, indemnifying Landlord and Tenant from liability for any such lien, claim or demand and holding the Building (including the Premises), free and harmless from and against the effect of any such lien, claim or demand, and causing the release and reconveyance of said lien from the Building. In addition, Landlord shall have the right to require that Tenant pay Landlord’s reasonable attorneys’ fees and disbursements, court costs and other reasonable costs actually incurred in defending any such action if Landlord is named as a party to any such action, if the lien encumbers any portion or interest in the Building and/or if Landlord elects to defend any such action or lien. Tenant shall execute and deliver to Landlord a valid notice of completion of any Alterations in accordance with Section 3093 of the Alteration is California Civil Code, as amended or recodified from time to commencetime (“Tenant’s Certificate of Completion”), in recordable form. Landlord may post and shall have the right to record an appropriate notice or cause Tenant to record Tenant’s Certificate of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord Completion in or on the PremisesOfficial Records of the County Recorder’s Office of the County of Santa Clara, California.

Construction of Alterations. All work Except as provided in connection with Paragraph 5.2 --------------------------- above, Subtenant shall not make any Alteration shall Alterations within the Demised Premises (other than any alterations necessary to fortify the floor of the Demised Premises and except as may be performed diligently and expressly set forth otherwise in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlordthis Sublease, and shall comply with all applicable laws (including laws regarding asbestos, if applicable) and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (iPrime Lease) Tenant's Contractor shall be subject to Landlord's prior approval, as provided above, and (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlordwithout Sublandlord's prior written approval (consent, which Landlord consent shall not be unreasonably withhold withheld, conditioned or delaydelayed whenever Sublandlord's consent is required. Notwithstanding the foregoing, Subtenant shall have the right (a) to place or install in the Demised Premises such fixtures and equipment as Subtenant shall deem desirable for the conduct of all subcontractors business therein and labor to select the paint color it desires for the interior of the Demised Premises; (b) if Prime Landlord so consents (Prime Landlord's consent to be utilized in the performance of such construction workobtained through Sublandlord, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the sameif Prime Landlord's consent is required as set forth hereinabove), to make such further Alterations as Subtenant reasonably deems necessary to operate the Demised Premises and (Dc) furnishing to Landlordutilize Subtenant's contractors, so long as same have been approved by Sublandlord in writing prior to the commencement of such alterations. Any such Alterations shall be performed in accordance with the terms and conditions of the Construction Provisions attached hereto as Exhibit G. Any Alterations made shall remain on and be surrendered with the Demised Premises on expiration or termination of the Term, unless stated otherwise herein. Sublandlord may elect, by delivery of written notice, to require Subtenant to remove any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal Alterations that Subtenant has made to the full value Demised Premises. If Sublandlord so elects, Subtenant at its cost shall remove such Alterations and restore the Demised Premises to the condition designated by Sublandlord in its election, before the last day of the Term. Sublandlord hereby acknowledges and agrees that Subtenant will remove its Trade Fixtures at the end of the Term of this Sublease (as same may be extended, renewed or modified) and Subtenant acknowledges that it shall repair all damage caused by the removal of same. If Subtenant makes any Alterations to the Demised Premises as provided in this paragraph, the Alterations shall not be commenced until ten (10) business days after Sublandlord has received written notice from Subtenant stating the date the installation of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may commence so that Sublandlord can post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premisesnonresponsibility.

Construction of Alterations. All work in connection with any Alteration shall be performed diligently Tenant may construct non-structural alterations, additions and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all applicable laws improvements (including laws regarding asbestos, if applicable"Alterations") and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor shall be subject to without Landlord's ' s prior approval, if the aggregate cost of the Alteration in question does not exceed Twenty Five Thousand and no/l00ths Dollars ($25,000.00) provided that Tenant first notify Landlord of such proposed improvements and provide Landlord at all times with an updated set of drawings relative to the Premises. If Tenant desires to make nonstructural Alterations costing more than Twenty Five Thousand and no/100ths Dollars ($25,000.00) or structural Alterations, Tenant shall first obtain Landlord' s consent, which consent shall not be unreasonably withheld, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of such Alteration within Three (3) days following Tenant's written request for approval and delivery to Landlord of the proposed plans, then Landlord shall be deemed to have approved the proposed Alternation. Upon the request of Tenant, Landlord shall within the above-stated Three (3) day period advise Tenant in writing as provided aboveto whether Landlord shall require removal of any Alteration in question upon the Expiration Date or earlier termination of the Lease Term. Tenant agrees that it will not proceed to make any Alterations until (a) Tenant has obtained all required governmental approvals and permits, and (iib) Tenant's Contractor shall (1) have substantial recent experience Tenant has provided Landlord reasonable security, in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans form reasonably approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hours. protect Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlordagainst mechanics' lien claims. Tenant shall give further agrees to provide Landlord not less than five (5a) days prior written notice of the anticipated start date and the construction actual start date of the Alteration is to commencework, and (b) a complete set of as-built drawings upon completion of the work. Landlord may post All Alterations shall be (a) performed in compliance with all applicable Laws and record an appropriate notice of nonresponsibility with respect to any Alteration (b) maintained, replaced or repaired by Tenant at Tenant's sole costs and expense. Furthermore, Tenant shall maintain provide Landlord with updated floor plans depicting any changes in the open office landscape portion of the facility to include the cubicle layout and open office stations and wiring configurations and plans within ninety (90) days after such notices posted by Landlord in or on the Premisesmodifications occur.

Construction of Alterations. All work in connection with any Alteration alterations, additions and improvements permitted under this Section 8.5 shall be performed diligently constructed diligently, in a good and workmanlike manner with new or like-new, good and sufficient materials and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply compliance with all applicable laws laws, ordinances, rules and regulations (including laws regarding asbestos, if applicable) and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. If Tenant's Contractor constructs the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor shall be subject to Landlord's prior approval, as provided above, and (ii) Tenant's Contractor shall (1) have substantial recent experience in the construction of tenant improvements in first class high-rise office buildings in the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment or other writing satisfactory to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Further, Tenant shall be responsible for Tenant's Contractor, subcontractors, suppliers and materialmen (A) utilizing only union labor on the construction, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized in the performance of such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels or other effects of which would create a material disturbance of other tenants or occupants of the Building, performing such work during other than business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations, including, without limitation, moveable partitions building codes and those related to accessibility and use by individuals with disabilities) and in accordance with Landlord’s construction rules attached hereto as Exhibit E. Installation by or on behalf of Tenant, prior to the Commencement Date or during the Term of this Lease, of conduits, electrical wires, and telephone, data or video cables in the vertical shafts, horizontal raceways, electrical closets and telephone closets of the Building or other Common Areas of the Building designed for the installation of such conduits, electrical wires and cables shall be subject to such regulations and conditions as Landlord may from time to time reasonably impose. Tenant shall, promptly upon completion of the work, furnish Landlord with “as built” drawings for any alterations, additions or improvements performed under this Section 8.5. If any alterations, additions or improvements which Tenant causes to be constructed in the Premises result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable laws, ordinances or regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements (provided that are affixed Tenant shall not be required to reimburse Landlord for the costs of Excused Work, as defined in Section 6.6). Except to the extent otherwise specifically agreed by Landlord in writing, in the event any alterations or additions to the Premises are performed by Landlord hereunder, Landlord shall be entitled to charge Tenant a seven percent (but excluding moveable7%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, free standing partitions) and all carpeting, shall at once become part may be charged and payable prior to commencement of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in or on the Premiseswork.

Construction of Alterations. All work In addition to any provisions of the Lease, any Alterations shall be at Tenant’s sole cost and expense, and shall be performed in connection compliance with the terms of this Agreement, the Lease, the plans and specifications approved by Sublessor and Landlord, if applicable, and any Alteration applicable Law, including, but not limited to, obtaining any necessary licenses or permits, and any requirements of Sublessor’s insurers and Tenant’s insurers. The Alterations shall be performed diligently and in a first-class good and workmanlike manner and in accordance with plans and specifications approved by Landlordmanner, and shall comply be expeditiously completed using materials of a quality that is at least equal to the present construction. Tenant agrees to engage parties that will not unreasonably interfere or cause any conflict with all applicable laws (including laws regarding asbestosother contractors, if applicable) and Landlord's construction procedures for mechanics, or laborers engaged in the construction, maintenance, or operation of the Leased Premises or the Building. In no event shall Tenant employ and any personcontractor, entity or contractor to perform work in the Premises whose presence may give rise to a labor subcontractor, or other disturbance in the Building. If Tenant's Contractor constructs person undertaking the Alterations pursuant to Paragraph 9.b. above, the following provisions shall apply: (i) Tenant's Contractor on behalf of Tenant shall be subject covered by workmen’s compensation insurance with such coverage and minimum limits as required by Law and commercial general liability insurance (naming Sublessor and Landlord as an additional insureds) with coverage limits reasonably acceptable to Landlord's prior approval, as provided aboveSublessor, and (ii) Tenant's Contractor evidence thereof shall (1) have substantial recent experience in be furnished to Sublessor prior to accessing the construction of tenant improvements in first class high-rise office buildings in Property for the San Francisco financial district, (2) be licensed by the State of California (as evidenced by Tenant's submission to Landlord of Tenant's Contractor's state license number), and (3) have the capacity to be bonded by a recognized surety company to assure full performance of the construction contract for the work shown on the plans approved by Landlord in writing (as evidenced by Tenant's submission to Landlord of a commitment Alterations. Any mechanic’s liens, or other writing satisfactory similar liens, filed against the Subleased Premises or any other portion of the Property for work claimed to Landlord issued by a recognized surety company confirming that Tenant's Contractor is bondable for construction projects having a contract price not less than the contract price under the construction contract for the Tenant Improvements). Furtherhave been done for, or materials claimed to have been furnished to, Tenant shall be responsible for discharged by Tenant's Contractor, subcontractorsat Tenant’s sole cost and expense, suppliers and materialmen by bond or otherwise, within thirty (A30) utilizing only union labor on days after the constructionrecording thereof, (B) obtaining Landlord's prior written approval (which Landlord shall not unreasonably withhold or delay) of all subcontractors and labor to be utilized such shorter time period as set forth in the performance of Lease. If Tenant shall fail to discharge such construction work, (C) obtaining all necessary governmental permits and approvals In connection with all construction work (including demolition) shown on the plans (and Landlord shall have no responsibility whatsoever in connection with obtaining the same), (D) furnishing to Landlord, prior to the commencement of any construction in the Premises, certificates evidencing comprehensive public liability insurance with limits per occurrence of not less than $2,000,000 and property damage insurance with limits per occurrence of not less than $1,000,000, covering Tenant's Contractor's and subcontractors' operations in the Premises and the Building and builders' risk insurance providing coverage in an amount equal to the full value of the Alterations upon completion thereof, and with respect to all such insurance naming Landlord as an additional insured, and upon Landlord's request also naming any or all of the Indemnitees (as defined in Paragraph 14 below) as additional insureds, and (E) performing the construction work in such manner as to minimize, to the extent possible, disturbance of other tenants and occupants of the Building and, with respect to any work the sound levels mechanic’s lien or other effects of which would create similar lien in accordance with the foregoing, then Sublessor may file such a material disturbance of other tenants or occupants of the Buildingbond, performing such work during other than business hours. Landlord shall have no responsibility for furnishing any security services in or about the Building or Premises to safeguard at Tenant's construction of the Alterations or materials in connection therewith. d. Tenant's General Obligations. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to this Paragraph 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent hereunder. Any Alterations’s expense, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain reimburse Sublessor for any such notices posted cost or expense so incurred by Landlord in or on the PremisesSublessor within fifteen (15) business days of Tenant’s receipt of billing from Sublessor.