Common use of Construction of Building Clause in Contracts

Construction of Building. (a) Landlord, at its expense, shall diligently construct the Building substantially in accordance with Exhibit D (as the same may be amended in connection with the permit approval process for the Premises provided that no such amendment affecting the Premises shall be made without the approval of Tenant, which approval shall not be unreasonably withheld or delayed) (the "Landlord's Building Construction Work") and all laws, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Work shall be done in a good and workmanlike manner using first quality materials and shall be accomplished in accordance with the plans and specifications set forth in Exhibit D. Tenant shall respond promptly to all communications from Landlord and shall cooperate with Landlord throughout the construction process. Notwithstanding anything contained in Exhibit D to the contrary, in no event shall Landlord be obligated to perform (or pay for the cost of) the moving or installation of any of Tenant's equipment. Tenant shall pay to Landlord, within ten (10) days of billing therefor, any costs of construction resulting from changes in Exhibit D requested in writing by Tenant, it being understood that such costs shall be equal to the aggregate of (a) the "Cost of the Work", as defined in American Institute of Architects Document A111 (1987 Edition), and (b) Landlord's contractor's overhead and profit in the total amount equal to eight percent (8%) of such cost. (b) Landlord represents, but does not warrant, that on the Commencement Date, the Building will be constructed in a good and workmanlike manner free from material defects and in compliance with all federal, state and local laws, ordinances, rules, regulations, orders and permits, including zoning and subdivision relating to the Building and the Premises and with any restriction, covenant or agreement contained in the Title Exceptions. To the best of Landlord's knowledge, no provision contained in any Title Exception interferes with the existing or contemplated use of the Premises. (c) Landlord shall procure all necessary permits before undertaking Landlord's Building Construction Work; do all of such work in a good and workmanlike manner, employing materials of first quality and complying with all governmental requirements. Landlord shall cause contractors employed by Landlord to carry Workmen's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors on or about the Building.

Construction of Building. (a) LandlordAs soon as possible after the acquisition of the Real Estate, at its expense, Lessor shall commence or cause the commencement of construction of Lessor's Work. Lessor's Work shall be diligently pursued in order to have the date of Substantial Completion of the Lessor's Work occur on or before the Outside Completion Date. Lessor shall diligently construct prosecute construction and will employ reasonable business efforts to cause Substantial Completion of the Building substantially in accordance with Exhibit D (Lessor's Work, as that term is hereinafter defined, to be achieved, provided however, the same may parties agree that such date is not a requirement, representation or warranty, but merely a date by which Lessor shall use all reasonable efforts to meet and should such date not be amended in connection with the permit approval process for the Premises provided that no met, such amendment affecting the Premises shall be made without the approval of Tenant, which approval failure shall not be unreasonably withheld a default hereunder if, prior to that date, Lessor has been diligently prosecuting Substantial Completion of the Lessor's Work. If construction is delayed because of Lessee's unreasonable withholding, conditioning or delayeddelaying of consent pursuant to Section 7.1 or 7.4, interference with or delay of Lessor's Work as a direct result of Lessee simultaneously performing Lessee's Work (as contemplated in subsection 7.1(c) (below), failure to approve or comment, as appropriate, on Lessor's Plans within the "Landlord's Building Construction Work") and all laws, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Work shall be done in a good and workmanlike manner using first quality materials and shall be accomplished in accordance with the plans and specifications time set forth in Exhibit D. Tenant Section 7.1(a), or due to Change Orders requested by Lessee ("Lessee Delays"), or for a Force Majeure Event, as hereinafter defined, the Outside Completion Date shall respond promptly be extended for the amount of time Lessor is so delayed, and Lessor shall have no liability by reason thereof except as provided in Section 7.6 hereof. Lessee shall have the right to all communications from Landlord have a designated representative on the Leased Property during the performance of Lessor's Work at Lessee's sole risk and expense, provided that such representative shall cooperate with Landlord throughout not interfere with, or delay, the completion of the Leased Premises. Notwithstanding the foregoing, Lessee's designated representative shall have the right to notify Lessor of any defects in the work being performed by Lessor's contractors or subcontractors or material supplied by materialmen which could result in a reduction of the quality of the construction processof the Leased Improvements or material deviation from the Lessor's Plans (other than Lessee's Change Orders) and requiring that Lessor's contractor cease the Lessor's Work in question. Notwithstanding anything contained Any such notification shall be sent by facsimile to Lessor and a written notice to Lessor sent the same day by overnight delivery providing for a receipt. Lessor, upon receipt of such notice, shall promptly remedy the problem described in Exhibit D such notice to the contraryreasonable satisfaction of Lessee. If Lessor, in no event Lessee and Lessee's contractor have not resolved the dispute within twenty-four (24) hours of Lessee's initial facsimile notice to Lessor, the parties shall Landlord immediately notify and refer the dispute to the Construction Dispute Arbitrator. If Lessor is required to repair, replace or correct any item by the decision of the Construction Dispute Arbitrator the Outside Completion Date shall not be obligated to perform (affected or pay for the cost of) the moving or installation changed because of any delay occasioned by this procedure and if such items are not repaired, replaced or corrected pursuant to Construction Dispute Arbitrator's recommendation on or before the date set for completion of Tenant's equipment. Tenant shall pay to Landlordthe Punchlist Items, within ten (10) days of billing therefor, any costs of construction resulting from changes in Exhibit D requested in writing by Tenant, it being understood that such costs then Lessee shall be equal automatically deemed to have disclaimed any further responsibility for such item to the aggregate of (a) the "Cost extent of the defects and Lessor shall be solely responsible therefor during the Term ("Disclaimed Lessor's Work", as defined in American Institute of Architects Document A111 (1987 Edition), and (b) Landlord's contractor's overhead and profit in the total amount equal to eight percent (8%) of such cost. (b) Landlord represents, but does not warrant, that on the Commencement Date, the Building will be constructed in a good and workmanlike manner free from material defects and in compliance with all federal, state and local laws, ordinances, rules, regulations, orders and permits, including zoning and subdivision relating to the Building and the Premises and with any restriction, covenant or agreement contained in the Title Exceptions. To the best of Landlord's knowledge, no provision contained in any Title Exception interferes with the existing or contemplated use of the Premises. (c) Landlord shall procure all necessary permits before undertaking Landlord's Building Construction Work; do all of such work in a good and workmanlike manner, employing materials of first quality and complying with all governmental requirements. Landlord shall cause contractors employed by Landlord to carry Workmen's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors on or about the Building.

Construction of Building. (a) Landlord, at its expense, A. Landlord shall diligently design and construct the Building substantially in accordance with the plans, specifications and agreements attached hereto collectively as Exhibit D B (the "Plans and Specifications"). Any additions to or modifications of the work and/or materials which are approved by Landlord and Tenant, pursuant to Paragraph 2.G., below, and which result in additional costs shall be handled as change orders and paid for by Tenant upon completion of such work. B. Notwithstanding the same date specified in Paragraph l.B. above for the commencement of the Term of this Lease, the Commencement Date shall be the earlier of (i) the date Tenant opens for business at the Premises or (ii) the first day of the first month after the date (the "Notification Date") upon which Landlord notifies Tenant that the Building is substantially completed and that Landlord has done everything that is required of Landlord, by the terms of this Lease, so that Landlord can obtain a certificate of occupancy (whether temporary, shell or permanent) for the Building and other improvements on the Premises. Possession of the Premises shall be deemed delivered to Tenant on the Notification Date, notwithstanding any item of incomplete work set forth on a "punch list" prepared by Landlord and Tenant in writing at the time of or within thirty (30) days after the Notification Date. If delivery of possession of the Premises to Tenant is delayed, Landlord and Tenant shall, at the request of either, upon such delivery, execute an amendment to this Lease setting forth the Commencement Date and Termination Date of this Lease. C. Landlord shall proceed expeditiously and substantially to complete construction of the Building and obtain a certificate of occupancy by July 31, 2001. In the event that Landlord does not substantially complete construction of the Building and obtain a certificate of occupancy by July 31, 2001 then, subject to the provisions of Paragraph 2.D., below, Landlord shall be obligated to reimburse Tenant for any and all out-of-pocket costs and/or expenses incurred by Tenant on account of Landlord's failure to substantially complete construction of the Building by such date (such as Tenant's holdover expenses and the cost of relocation to temporary space), provided, however, that Tenant shall exercise commercially reasonable efforts to mitigate all such costs and/or expenses. D. Notwithstanding anything to the contrary contained elsewhere in this Lease, if Landlord is delayed at any time in the progress of construction of the Building and obtaining a certificate of occupancy by change orders, labor disputes, fire, embargos, unusual delay in deliveries, unavailability of materials, adverse weather conditions, acts of God, unavoidable casualties or other causes beyond Landlord's control, the date by which Landlord is required to substantially complete construction of the Building and obtain a certificate of occupancy shall be extended on a day-for-day basis for such period of delay. Landlord will provide written notice to Tenant of any delays during the course of the work that may extend the date for substantially completing construction of the Building and their expected duration. E. Tenant's occupancy of the Premises shall constitute acceptance thereof and shall constitute Tenant's agreement that the Premises comply with all requirements of Tenant and all obligations of Landlord with respect to the condition and repair thereof, including, but not limited to, the Building required to be amended constructed by Landlord, pursuant to this Paragraph 2 or elsewhere in this Lease, except for those matters of which Tenant notifies Landlord in writing within thirty (30) days after the Notification Date and except for those matters Landlord is obligated to repair or replace pursuant to Paragraph 2.F., below. F. Landlord shall perform all work in connection with the permit approval process for construction of the Premises provided that no such amendment affecting the Premises shall be made without the approval of Tenant, which approval shall not be unreasonably withheld or delayed) (the "Landlord's Building Construction Work") and all laws, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Work shall be done in a good and workmanlike manner using first quality materials and shall be accomplished in accordance conformity with the plans Plans and specifications set forth in Exhibit D. Tenant shall respond promptly to all communications from Landlord and shall cooperate with Landlord throughout the construction process. Notwithstanding anything contained in Exhibit D to the contrary, in no event shall Landlord be obligated to perform (or pay for the cost of) the moving or installation of any of Tenant's equipment. Tenant shall pay to Landlord, within ten (10) days of billing therefor, any costs of construction resulting from changes in Exhibit D requested in writing by Tenant, it being understood that such costs shall be equal to the aggregate of (a) the "Cost of the Work", as defined in American Institute of Architects Document A111 (1987 Edition), and (b) Landlord's contractor's overhead and profit in the total amount equal to eight percent (8%) of such cost. (b) Landlord represents, but does not warrant, that on the Commencement Date, the Building will be constructed in a good and workmanlike manner free from material defects Specifications and in compliance with all federal, state and local applicable laws, ordinances, rules, regulationsregulations and codes. Additionally, orders Landlord warrants that all building systems, including, but not limited to, electrical, plumbing, fire, sprinkler, lighting, heating, ventilating and permitsair conditioning ("HVAC"), including zoning and subdivision relating doors and all Building systems, generally, shall be in good operating condition and free of defects on the Commencement Date. Landlord shall promptly cause the repair or replacement of any defects in material or workmanship in the construction of the Building. Landlord shall complete any "punch list" items within a reasonable period of time after notification. G. Tenant may, from time to time, request changes to the Building Plans and the Premises and with any restriction, covenant Specifications by written request to Landlord on a form provided or agreement contained in the Title Exceptionsapproved by Landlord. To the best of All such changes will be subject to Landlord's knowledgeprior written approval and Landlord may withhold its approval if, no provision contained in Landlord's opinion, any Title Exception interferes with such change would exceed or affect the existing structural integrity of the Building or contemplated use any other part of the Premises. (c) Landlord shall procure all necessary permits before undertaking Landlord's Building Construction Work; do all of such work in a good and workmanlike manner, employing materials of first quality and complying with all governmental requirements. Landlord shall cause contractors employed by Landlord to carry Workmen's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors on or about would affect the Building's systems, would reduce the market value of the Premises at the end of the Term, does not conform to applicable restrictive covenants, laws, rules, codes or regulations, or is not approved by any governmental, quasi governmental or utility authority with jurisdiction over the Premises.

Construction of Building. Landlord shall erect on the real property a square foot Building including the Fixtures and Equipment set forth on Exhibit B and excepting such work as Tenant is to finish as set forth on Exhibit C (a) Landlord, at its expense, “Tenant’s Work”). The Building shall diligently construct the Building substantially be built in accordance with Exhibit D plans and specifications prepared by dated sheets (the “Plans and Specifications”) as agreed to by the same may be amended parties hereto and in connection accordance with the permit approval process for Development Agreement. Landlord’s completion of its portion of the Premises provided that no such amendment affecting construction of the Premises Building and all related improvements shall be made without the approval of Tenanton or before , which approval shall not be unreasonably withheld or delayed) 200 (the "Landlord's Building Construction Work"“Completion Date”) and all laws, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Work such construction shall be done in a good and workmanlike manner using first quality materials and sufficient to receive a certificate of occupancy, and shall be accomplished in compliance with all governmental laws, ordinances, regulations, building codes and requirements. Landlord shall complete all landscaping prior to the time Tenant completes the Tenant’s Work except if the landscaping work cannot be completed prior to winter and the landscape plan has been approved by the City of (“City”) and the City has granted a Certificate of Occupancy, the Landlord shall complete the landscaping work as soon as possible during the spring of the following calendar year. The Completion Date shall not be changed except by written amendment executed by both parties or by Unavoidable Delay as hereinafter defined. Tenant shall furnish, construct and install the Tenant’s Work at its own expense and in accordance with the plans Plans and specifications set forth in Exhibit D. Tenant shall respond promptly to all communications from Landlord and shall cooperate with Landlord throughout Specifications as soon as can reasonably be done after the construction processBuilding has been completed by Landlord. Notwithstanding anything contained in Exhibit D to the contrary, in no event shall Landlord be obligated to perform (or pay for the cost of) the moving or installation of any of Tenant's equipment. Tenant shall pay to Landlord, within ten (10) days of billing thereforHowever, any costs delay caused by the Landlord shall extend the completion period of construction resulting from changes in Exhibit D requested in writing by the Tenant, it being understood that such costs . All Tenant’s work shall be equal to the aggregate of (a) the "Cost of the Work", as defined in American Institute of Architects Document A111 (1987 Edition), and (b) Landlord's contractor's overhead and profit in the total amount equal to eight percent (8%) of such cost. (b) Landlord represents, but does not warrant, that on the Commencement Date, the Building will be constructed done in a good and workmanlike manner free from material defects and in compliance accordance with all federalcity building codes. Landlord is under no obligation to make any structural or other alterations, state and local lawsdecoration, ordinances, rules, regulations, orders and permits, including zoning and subdivision relating additions or improvements in or to the Building and the Premises and with any restriction, covenant or agreement contained except as expressly set forth in the Title ExceptionsPlans and Specifications. To Tenant shall have the best right to make changes from time to time in the Plans and Specifications by submitting to Landlord revised plans and specifications (herein called the “Revisions”). Upon timely receipt of Landlord's knowledgeany Revisions, no provision contained in any Title Exception interferes with the existing or contemplated use of the Premises. (c) Landlord shall procure all necessary permits submit the Revisions for performance to the contractors performing the trade or trades involved in the Revisions, and if so requested by Tenant, obtain proposed Bids from those contractors before undertaking Landlord's Building Construction Work; do all of embarking on such work in a good and workmanlike manner, employing materials of first quality and complying with all governmental requirementsperformance. Landlord shall cause contractors employed by Landlord have the right to carry Workmen's Compensation Insurance reject any Revisions which would materially delay the Commencement Date of this Lease unless, in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors conjunction therewith, Tenant agrees to pay rental for the Premises on or about the Buildingdate the Rent Commencement Date would have occurred but for the completion of the Revisions.

Construction of Building. (ai) LandlordLandlord and Tenant agree and intend that title to all buildings, at its expensematerials, and improvements existing on the Leased Premises as of the Effective Date shall diligently construct vest in Tenant as of the Building substantially Effective Date, and may be demolished, disposed of, relocated, and/or incorporated into the Project in accordance with Exhibit D the Plans and Specifications (as defined hereunder). Any buildings, materials, or improvements so incorporated will be deemed part of the same may Building and the Project as defined herein. (ii) Tenant has contracted with O Z Collaborative LLC (“Tenant’s Architect”) to serve as the design and construction administration architect for construction of the Building. The Tenant’s Architect has prepared plans and specifications for the Building (the “Plans and Specifications”), most recently revised on January 27, 2023, which are in conformity with all applicable laws and regulations and suitable for the operation of the Intended Use and the remainder of Tenant’s Work (as hereinafter defined), and which have been approved by Landlord. If Tenant intends to make any material changes to the Plans and Specifications affecting the size, position, exterior design, massing, or relationship of the Building to surrounding structures (“Materials Changes”), Tenant shall submit a written request to Landlord, together with updated plans and specifications clearly indicating the proposed Material Changes, and the reasons therefor. Landlord shall approve or disapprove, in writing, any Material Changes on or before the tenth (10th) business day after Xxxxxxxx’s receipt of such submission. Failure of Landlord to respond within such 10-business day period shall be amended deemed approval. Should Landlord disapprove any submission of Xxxxxx’s Final Plans and Specifications pursuant to this Section, Landlord shall specify, in writing, the reason therefor, and what corrective action, if any, can be taken. However, notwithstanding the foregoing, to the extent that any Material Change requires a vote of the Board of the Landlord, the Landlord shall have 15 business days after Landlord’s receipt of such submission to approve or disapprove, and in such case, failure of the Landlord to respond within such 15- business day period shall be deemed denial. (iii) Tenant has obtained, or will diligently seek and obtain, all governmental and quasi- governmental approvals necessary in connection with the permit approval process construction of the Building and the remainder of Tenant’s Work and the operation of the Tenant’s Intended Use upon the Leased Premises (collectively, the “Approvals”). The Approvals shall include, without limitation, all building permits and licenses, the payment of all required utility and development fees, any permanent permits for, without limitation, excavation, grading or other site work for the Leased Premises, and other licenses and permits which may be required to construct the Building and certain additional improvements necessary for completion of the Leased Premises, including, but not limited to, all curbing, sidewalk, and landscaping improvements on and surrounding the Leased Premises provided that no and all other improvements on and surrounding the Leased Premises, including, but not limited to, the following: the installation of telephone lines as required by Tenant and the installation of all utilities conduits and connections as required by Tenant (all such amendment affecting work to construct the Premises building, improvements, and appurtenances collectively, “Tenant’s Work”), all as set forth in the Plans and Specifications. Landlord shall be made without cooperate and assist Xxxxxx, with respect to Tenant obtaining Tenant’s Approvals. Tenant has negotiated and executed a general contract to complete the approval of Tenant, which approval Building and Xxxxxx’s Work. Tenant shall not be unreasonably withheld or delayed) cause its general contractor (the "Landlord's Building Construction Work"“Contractor”) to commence, and all lawswith due diligence proceed to construct and complete, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Tenant’s Work shall be done in a good and workmanlike manner using first quality materials and shall be accomplished in accordance with the plans Plans and specifications set forth Specifications. Tenant’s Work shall be completed in Exhibit D. accordance with the following provisions: (a) Tenant shall respond promptly to all communications from hereby indemnifies and holds Landlord and shall cooperate with Xxxxxxxx's agents and contractors harmless from and against any and all loss, liability, and expense (including without limitation, reasonable attorney's fees and court costs) incurred by Landlord throughout the construction process. Notwithstanding anything contained or its agents or contractors relating in Exhibit D any way to the contrary, in no event shall Landlord be obligated to perform (or pay for the cost of) the moving or installation of any performance of Tenant's equipment. Tenant shall pay to LandlordWork, within ten (10) days of billing therefor, any costs of construction resulting from changes in Exhibit D requested in writing by Tenant, it being understood that such costs shall be equal except to the aggregate extent caused by the negligence or misconduct of (a) the "Cost Landlord and Landlord’s agents and contractors as determined by a final and non-appealable judgment from a court of the Work", as defined in American Institute of Architects Document A111 (1987 Edition), and (b) Landlord's contractor's overhead and profit in the total amount equal to eight percent (8%) of such cost.competent jurisdiction; (b) Landlord represents, but does not warrant, that on Tenant shall require the Commencement Date, Contractor to be responsible for labor peace during the Building will be constructed in a good and workmanlike manner free from material defects and in compliance with all federal, state and local laws, ordinances, rules, regulations, orders and permits, including zoning and subdivision relating to construction of the Building and at all times use its best efforts and judgment as an experienced contractor to adopt and implement policies and practices designed to avoid work stoppages, slowdowns, disputes, or strikes, where reasonably possible and practical under the Premises and with any restriction, covenant or agreement contained in the Title Exceptions. To the best of Landlord's knowledge, no provision contained in any Title Exception interferes with the existing or contemplated use of the Premisescircumstances. (c) Tenant shall cause the Contractor to maintain continuous protection of adjacent property and improvements against damage by reason of Tenant's Work; and (d) Upon completion of Tenant's Work, Tenant shall, at Tenant's sole cost and expense, furnish Landlord shall procure with each of the following: 1. As-built plans which accurately detail all necessary permits before undertaking Landlorddeviations from the Plans and Specifications made during the course of construction, within sixty (60) days after issuance of a certificate of occupancy; 2. A certificate of occupancy, or any equivalent permit or certificate required or issued by any governmental body in connection with the use of the Tenant's Building Construction Workwithin sixty (60) days of the issuance thereof; do and 3. Mechanic's lien releases from Tenant's Contractor and all contractors, subcontractors, suppliers and other parties who otherwise, in the event of such work in nonpayment, may be entitled to file a good and workmanlike manner, employing materials of first quality and complying with all governmental requirements. Landlord shall cause contractors employed by Landlord to carry Workmen's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors on or about lien against the BuildingLeased Premises.

Construction of Building. (a) Landlord, at its expense, shall diligently A. Delta agrees to purchase the site upon which the Building will be located and to design and construct the Building substantially in accordance with Exhibit D (as the same may be amended in connection with the permit approval process for the Premises provided that no such amendment affecting the Premises Building. The site shall be made without selected by Delta but shall be subject to the approval of Tenant, and, in connection with such approval, Tenant shall act in good faith and in the best interests of Tenant and consistently with the uses of the Data Center by Tenant and Delta contemplated by this Lease. Delta may lease, rather than purchase, the site upon which approval the Building will be located, provided Tenant approves the leasing of such site, and Tenant, in connection with such approval, shall not be unreasonably withheld or delayedact in good faith and in the best interests of Tenant and consistently with the uses of the Data Center by Tenant and Delta contemplated by this Lease. Each of the following items, if raised by Tenant as an objection to the leasing of the Data Center site, shall constitute an objection raised in good faith in such connection: (i) failure of the overlandlord named in such lease (the "Landlord's “Xxxxxxxxx”) of the Data Center site to enter into a non-disturbance agreement with Tenant in form reasonably satisfactory to Tenant, which shall include provisions recognizing Tenant’s entitlement to insurance proceeds and condemnation awards to the extent provided in Articles 16 and 20 of this Lease. (ii) failure of the provisions of this Lease to prevail over provisions of the Xxxxxxxxx. B. In order to construct the Building Construction Work") as expeditiously as possible, and all laws, codes, ordinances and other applicable governmental requirements. Landlord's Building Construction Work shall be done in a good manner satisfactory to both Tenant and workmanlike manner using first quality materials Delta, Tenant and shall be accomplished in accordance with Delta agree to cooperate to attempt to achieve the plans and specifications set forth in Exhibit D. Tenant shall respond promptly to all communications from Landlord and shall cooperate with Landlord throughout following stages of completion as of the construction process. Notwithstanding anything contained in Exhibit D to dates specified: (i) within 60 days after the contrarydate of this Lease, in no event shall Landlord be obligated to perform (or pay for the cost of) the moving or installation of any of Tenant's equipment. Tenant shall pay to Landlord, within ten (10) days of billing therefor, any costs of construction resulting from changes in Exhibit D requested in writing by Tenant, it being understood that such costs shall be equal to the aggregate of (a) the "Cost determination of the Work"site of the Data Center, as defined in American Institute including approval by Tenant and Delta of Architects Document A111 (1987 Edition), the environmental review of such site; and (b) Landlord's contractor's overhead agreement between Tenant and profit in Delta with respect to the total amount equal to eight percent (8%) “footprint” of such cost. (b) Landlord represents, but does not warrant, that on the Commencement Date, the Building will be constructed in a good and workmanlike manner free from material defects and in compliance with all federal, state and local laws, ordinances, rules, regulations, orders and permits, including zoning and subdivision relating to the Building and the Premises size and with any restriction, covenant or agreement contained in the Title Exceptions. To the best of Landlord's knowledge, no provision contained in any Title Exception interferes with the existing or contemplated use configuration of the Premises.Building; (cii) Landlord shall procure all necessary permits before undertaking Landlord's Building Construction Work; do all within 120 days after the date of such work in a good and workmanlike mannerthis Lease, employing materials the determination of first quality and complying with all governmental requirements. Landlord shall cause contractors employed by Landlord to carry Workmen's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance covering such contractors on or about mutually acceptable design criteria for the Building.; and (iii) within 180 days after the date of this Lease preliminary drawings and specifications, together with such other working drawings, reports, studies and analyses as shall be sufficient to enable Tenant and Delta, upon establishment of a fixed price, maximum upset price or guaranteed maximum price for construction of the Data Center, as Delta shall elect, to decide whether the Data Center shall be constructed under a “fast-track” method of construction, and Delta will endeavor within such 180-day period to procure and to quote to Tenant, based upon such fixed price, maximum upset price or guaranteed maximum price, as Delta shall elect, a construction price for the Premises, Tenant’s allocated share of the Mechanical/Electrical Facility and Tenant’s allocated share of the Common Areas (“Tenant’s Construction Price”), which price shall be the basis for fixing, prior to commencement of construction, the Base Rental for the Premises, subject to adjustment for change orders, as hereinafter