Common use of Construction of Improvements by Tenant Clause in Contracts

Construction of Improvements by Tenant. (a) Tenant shall be responsible to construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use and occupancy of the Premises and which are not included as part of the Improvement Plans (the “Additional Tenant Improvements”). Tenant shall be responsible for obtaining all building permits and other governmental approvals required to construct the Additional Tenant Improvements. Tenant will arrange for all labor, materials, equipment, machinery, utilities, transportation, and other facilities and services necessary for the proper execution and timely completion of the construction of all Additional Tenant Improvements. (b) Tenant shall be granted access to the Leased Premises at least four (4) weeks prior to the Rent Commencement Date (the “Early Occupancy Period”) for the purposes of installing the Additional Tenant Improvements. Tenant shall not conduct business operations in the Leased Premises during the Early Occupancy Period. Tenant shall not be required to pay Basic Annual Rent, utilities or Common Area Expenses during the Early Occupancy Period. (c) During the Early Occupancy Period, Tenant and Tenant’s contractors, vendors, representatives and employees will be entitled to access such floor for the purpose of installing the Additional Tenant Improvements. Landlord may be performing construction of some of the Improvements during the period in which Tenant has access to certain areas of the Leased Premises to install the Additional Tenant Improvements. Accordingly, there may at times be certain “overlap” periods pursuant to which both Landlord’s representatives, employees, vendors and contractors and Tenant’s representatives, employees, vendors and contractors may be present and performing work in a portion of the Leased Premises concurrently. During any such “overlap” period(s) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Leased Premises, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendors, contractors, and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect to the other party’s work; provided, in the event of a conflict which cannot be resolved, the Tenant’s work will be rescheduled

Construction of Improvements by Tenant. (a) A. Tenant Development Plan 1. Within 30 days from the Effective Date of this Lease, Tenant shall submit a Tenant Development Plan to the City Manager or his designee for approval as set forth herein. If Tenant fails to submit a Tenant Development Plan to CITY within this period, CITY may, at any time prior to submission of a Tenant Development Plan to CITY, terminate this Lease immediately by written notice to Tenant notwithstanding anything to the contrary herein. 2. The Tenant Development Plan must include a specific description of all improvements to be responsible to construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use initially designed and occupancy of constructed upon the Premises and which are not included as part of the Improvement Plans Real Property by Tenant (the “Additional Tenant Improvements”). The Tenant shall Development Plan must be responsible sufficient in all respects to allow CITY to evaluate it for obtaining compliance with the requirements of this Lease, including all building permits Airport Standards. In addition, the Tenant Development Plan also must include a time line for the design and other governmental approvals required to construct construction of the Additional Tenant Improvements. Improvements by Tenant will arrange with no less than four specific benchmark dates consisting of a date for construction commencement and for completion for all laborconstruction, materials, equipment, machinery, utilities, transportation, and as well as dates for at least two other facilities and services necessary for the proper execution and timely completion of significant events in the construction of all Additional the Tenant Improvements. (b) Tenant shall be granted access to the Leased Premises at least four (4) weeks prior to the Rent Commencement Date Improvements (the “Early Occupancy PeriodBenchmarks”) ); designations and restrictions for the purposes use of installing certain areas on the Additional Premises; the total cost for the Tenant Improvements; and any other pertinent information regarding the development of the Premises. The Tenant Development Plan must comply with all Airport Standards 3. Within thirty (30) days of receipt of the proposed Tenant Development Plan, the City Manager or his designee shall review and approve or disapprove, not to be unreasonably withheld, the proposed Tenant Development Plan submitted by Tenant. The sole method of acceptance of the Tenant Development Plan by CITY is execution by the City Manager or his designee of a notice of acceptance of the final design. The failure of the City Manager or his designee to respond to any submission by Tenant within the required time period shall not be deemed an acceptance. The Tenant Development Plan as finally approved by the City Manager or his designee shall become the “Approved Tenant Development Plan.” The Approved Tenant Development Plan may be modified by Tenant only if such modifications are approved in advance and in writing by the City Manager or his designee, in his or her sole discretion. 4. If the City Manager disapproves the Tenant Development Plan or any subsequently submitted modified Tenant Development Plan, the City Manager or his designee will inform Tenant in writing of his or her disapproval with details as to the reasons for such disapproval and/or request for further clarification of the Tenant Development Plan elements. Tenant shall respond within thirty (30) days with a modified Tenant Development Plan or subsequent modified Tenant Development Plan. Modified Tenant Development Plans submitted by Tenant may include revised dates as compared to previously submitted Tenant Development Plans to account for delays necessitated by resubmission. The parties agree to negotiate in good faith to resolve any conflicting issues that may arise, but if the parities cannot conduct business operations in the Leased Premises during the Early Occupancy Period. agree to a Tenant shall not be required to pay Basic Annual Rent, utilities or Common Area Expenses during the Early Occupancy Period. (c) During the Early Occupancy Period, Tenant Development Plan and Tenant’s contractors, vendors, representatives and employees will be entitled to access such floor for the purpose execute a notice of installing the Additional Tenant Improvements. Landlord may be performing construction of some acceptance of the Improvements during the period in which final design, CITY or Tenant has access to certain areas of the Leased Premises to install the Additional Tenant Improvements. Accordingly, there may at times be certain “overlap” periods pursuant to which both Landlord’s representatives, employees, vendors and contractors and Tenant’s representatives, employees, vendors and contractors may be present and performing work in a portion of the Leased Premises concurrently. During any such “overlap” period(sterminate this Lease by ten (10) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Leased Premises, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendors, contractors, and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect days written notice to the other and, in that event, no recourse or damages shall be available to either party’s work; . During such termination notice period, Tenant may choose to accept any proposed Tenant Development Plan which the City Manager or his designee previously provided, in writing to Tenant, would be acceptable, and in such event the termination by CITY shall be revoked. 5. In the event that Tenant fails to timely complete a Benchmark, except due to force majeure or the act or omission of a conflict CITY, then the CITY may terminate this Lease, notwithstanding Section 21, following written notice from CITY providing thirty (30) business days to complete the Benchmark. The Benchmark of completion of all construction shall be fulfilled when applicable temporary and/or permanent certificates of occupancy or equivalent approvals have been issued for all structures shown on the Tenant Development Plan. The determination of completion of any other Benchmarks shall be at CITY’s reasonable judgment, which cannot shall be resolved, the Tenant’s work will be rescheduledexercised in good faith.

Construction of Improvements by Tenant. (a) Tenant shall be responsible to construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use the design and occupancy construction of the Premises and which are not included as part of Tenant Improvements in accordance with the Tenant Improvement Plans and the Work Schedule. Tenant shall enter into a construction contract with a general contractor selected by Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed (the “Additional Tenant’s General Contractor”) for the design, construction, installation, and completion of the Tenant Improvements”Improvements in accordance with the Tenant Improvement Plans, the Approvals and any applicable Change Orders (as defined below). Tenant shall be responsible for obtaining all building permits and other governmental approvals required to construct the Additional Tenant Improvements. Tenant will arrange for all labor, materials, equipment, machinery, utilities, transportationuse commercially reasonable, and other facilities good faith efforts to inspect, oversee, and services necessary for supervise the proper execution design, construction, and timely completion of the construction Tenant Improvements in order to cause the Tenant Improvements to be Substantially Complete (as defined below), on or before the expiration of all Additional the Tenant ImprovementsImprovement Construction Period (as defined below), or such earlier date as the parties may mutually agree upon. (b) Following the Actual Turnover Condition Date or such earlier date as mutually agreed upon by Landlord and Tenant, Tenant shall be granted and Tenant’s General Contractor may access to the Leased Premises at least four for the purpose of installing and constructing the Tenant Improvements. In performing the Tenant Improvements, Tenant shall comply with all directions of Landlord or Landlord’s General Contractor so as to coordinate Tenant’s construction activities with those being pursued by others (4whether on the Leased Premises or elsewhere in the Building). (c) weeks prior On or after the Actual Turnover Condition Date, Tenant shall commence the construction of the Tenant Improvements as required by Section 8(a) in order to cause the Rent Commencement Date Tenant Improvements to be Substantially Complete (as defined below), on or before the “Substantial Completion and Certificate of Occupancy” date specified in the Work Schedule (the “Early Occupancy Tenant Improvement Construction Period”) for ). In performing the purposes of installing the Additional Tenant Improvements. , Tenant shall not conduct business operations in comply with all reasonable directions of Landlord or the General Contractor so as to coordinate its construction activities with those being pursued by others (whether on the Leased Premises during or elsewhere in the Early Occupancy Period. Building). (d) Tenant shall not be required to pay Basic Annual Rent, utilities Rent or Common Area Expenses during the Early Occupancy Period. (c) During the Early Occupancy Period, Tenant and Tenant’s contractors, vendors, representatives and employees will be entitled to access such floor for the purpose of installing the Additional Tenant Improvements. Landlord may be performing construction of some of the Improvements Rent during the period in which Tenant has access to certain areas of entered the Leased Premises to install perform the Additional Tenant ImprovementsImprovements as required by this Section 8. AccordinglyTenant agrees that Tenant, there may at times be certain “overlap” periods pursuant to which both LandlordTenant’s representativesRepresentative, and employees, vendors officers, authorized agents, contractors, engineers, workmen, inspectors, and contractors and any construction management individuals or teams hired by Tenant (collectively, the “Tenant’s representatives, employees, vendors and contractors may be present and performing Agents”) will work in a portion of the Leased Premises concurrently. During any such “overlap” period(s) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Leased Premises, neither party shall unreasonably harmony with Landlord and not interfere with or delay the work of the other party and/or Landlord and its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendorsagents, contractors, and consultants employees during Landlord’s installation and performance of the Landlord Improvements. Tenant shall have the right to work in harmony use all utilities and services without additional charge during the construction period and Landlord agrees that Landlord shall not restrict the hours of operation of these services for Tenant’s use. Landlord shall also provide Tenant and Tenant’s contractors with and to mutually coordinate and cooperate a sufficient number of construction parking spaces during the Tenant Improvement Construction Period. In connection with any entry onto the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect Leased Premises prior to the other partyCommencement Date, Tenant shall maintain (or cause its contractors to maintain) “Builder’s work; provided, All Risk” insurance in amounts not less than $1,000,000 per incident and $2,000,000 in the event aggregate covering the construction of a conflict which cannot be resolvedthe Tenant Improvements, the with insurance companies acceptable to Landlord, and Tenant shall protect, defend, indemnify and hold harmless Landlord and its affiliates against and from any and all claims, demands, actions, losses, damages, orders, judgments, and any and all costs and expenses (including, without limitation, attorneys’ fees and costs of litigation), resulting from Tenant’s work will be rescheduledentry onto the Leased Premises prior to the Commencement Date (except to the extent arising from the negligence or willful misconduct of Landlord).

Construction of Improvements by Tenant. (a) Tenant shall be responsible to construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use the design and occupancy construction of the Premises and which are not included as part of Tenant Improvements in accordance with the Tenant Improvement Plans and the Work Schedule. Tenant shall enter into a construction contract with a general contractor selected by Tenant (the “Additional Tenant’s General Contractor”) for the design, construction, installation, and completion of the Tenant Improvements”)Improvements in accordance with the Tenant Improvement Plans, the Approvals and any applicable Change Orders. Tenant’s General Contractor shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall be responsible for obtaining all building permits and other governmental approvals required to construct the Additional Tenant Improvements. Tenant will arrange for all labor, materials, equipment, machinery, utilities, transportationuse commercially reasonable, and other facilities good faith efforts to inspect, oversee, and services necessary for supervise the proper execution design, construction, and timely completion of the construction Tenant Improvements in order to cause the Tenant Improvements to be “Substantially Complete” (as defined below), on or before the expiration of all Additional the “Tenant ImprovementsImprovement Construction Period” (as defined below), or such earlier date as the parties may mutually agree upon, as such date may be extended for Landlord Construction Delays. (b) By the date specified in the Work Schedule for “Early Entry for Preliminary Commencement of Tenant shall be granted Improvement Construction,” or such earlier date as mutually agreed upon by Landlord and Tenant, Tenant and Tenant’s General Contractor may access to the Leased Premises at least four for the purpose of installing and constructing the Tenant Improvements. In performing the Tenant Improvements, Tenant shall comply with all reasonable directions of Landlord or Landlord’s General Contractor so as to coordinate Tenant’s construction activities with those being pursued by others (4whether on the Leased Premises or elsewhere in the Building). (c) weeks prior On or after the Actual Turnover Condition Date, Tenant shall commence the construction of the Tenant Improvements as required by Section 8(a) in order to cause the Rent Commencement Date Tenant Improvements to be Substantially Complete on or before the “Substantial Completion and Certificate of Occupancy” date specified in the Work Schedule (as such date may be extended for any Landlord Construction Delays) (the “Early Occupancy Tenant Improvement Construction Period”) for ). In performing the purposes of installing the Additional Tenant Improvements. , Tenant shall not conduct business operations in comply with all reasonable directions of Landlord or the General Contractor so as to coordinate its construction activities with those being pursued by others (whether on the Leased Premises during or elsewhere in the Early Occupancy Period. Building). (d) Tenant shall not be required to pay Basic Annual Rent, utilities Rent or Common Area Expenses during the Early Occupancy Period. (c) During the Early Occupancy Period, Tenant and Tenant’s contractors, vendors, representatives and employees will be entitled to access such floor for the purpose of installing the Additional Tenant Improvements. Landlord may be performing construction of some of the Improvements Rent during the period in which Tenant has access to certain areas of entered the Leased Premises to install perform the Additional Tenant ImprovementsImprovements as required by this Section 8. AccordinglyTenant agrees that Tenant, there may at times be certain “overlapTenant’s Representative” periods pursuant to which both Landlord’s representatives(as defined below), and employees, vendors officers, authorized agents, contractors, engineers, workmen, inspectors, and contractors and any construction management individuals or teams hired by Tenant (collectively, the “Tenant’s representatives, employees, vendors and contractors may be present and performing Agents”) will work in a portion of the Leased Premises concurrently. During any such “overlap” period(s) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Leased Premises, neither party shall unreasonably harmony with Landlord and not interfere with or delay the work of the other party and/or Landlord and its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendorsagents, contractors, and consultants employees during Landlord’s installation and performance of the Landlord Improvements. Tenant shall have the right to work in harmony use all utilities and services without additional charge during the construction period and Landlord agrees that Landlord shall not restrict the hours of operation of these services for Tenant’s use. Landlord shall also provide Tenant and Tenant’s contractors with and to mutually coordinate and cooperate a sufficient number of construction parking spaces during the Tenant Improvement Construction Period. In connection with any entry onto the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect Leased Premises prior to the other partyCommencement Date, Tenant shall maintain (or cause its contractors to maintain) “Builder’s work; providedAll Risk” insurance in amounts not less than $1,000,000 per incident and $2,000,000 in the aggregate covering the construction of the Tenant Improvements, with “Qualified Insurance Companies” (as defined in the Lease), and Tenant shall protect, defend, indemnify and hold harmless Landlord and its affiliates against and from any and all claims, demands, actions, losses, damages, orders, judgments, and any and all costs and expenses (including, without limitation, attorneys’ fees and costs of litigation), resulting from Tenant’s entry onto the Leased Premises prior to the Commencement Date (except to the extent arising from the negligence or willful misconduct of Landlord). (e) Notwithstanding the provisions of this Section 8 to the contrary, in the event Tenant is unable to meet the timelines set forth in this Work Letter and the Work Schedule and such delay is a result of (i) the failure by Landlord to perform its obligations, or meet critical deadlines, under this Work Letter in accordance with the time frames set forth on the Work Schedule, (ii) a request by Landlord for changes, modifications, or alterations to the Tenant Improvement Plans or Landlord Improvement Plans after the Tenant Improvement Plans and Landlord Improvement Plans, as applicable, have been approved by Tenant, including, but not limited to, any Change Orders, (iii) any other delay in the installation by Tenant of the Tenant Improvements caused directly by Landlord or Landlord’s agents, servants, contractors, or employees, (iv) any event of Force Majeure , (v) any delay in the Actual Turnover Condition Date beyond the “Turnover Condition Deadline” specified in the Work Schedule other than delays as a result of a conflict Tenant Construction Delay (which candelays as a result of a Tenant Construction Delay are not be resolveda result of an event of Force Majeure or any Approval Delay), (vi) any Approval Delay for which Landlord is responsible, if any, from and after the “Turnover Condition Deadline”, and (vi) Approval Delay that occurs despite Tenant’s best efforts to obtain such Approvals (collectively, the “Landlord Construction Delays”), the periods set forth in the Work Schedule shall be increased, at Tenant’s work option exercised in writing delivered to Landlord, for each day of a Landlord Construction Delay. Without limiting the foregoing, if Tenant asserts that one or more Landlord Construction Delays has occurred or is occurring, Tenant will be rescheduledgive written notice thereof to Landlord, specifying in sufficient detail the basis for the asserted Landlord Construction Delays, the number of days of delay anticipated to the Work Schedule, and any other information reasonably requested by the other party in order to properly assess the asserted Landlord Construction Delays.

Construction of Improvements by Tenant. (a) A. Tenant Development Plan 1. Within 30 days from the Effective Date of this Lease, Tenant shall submit a Tenant Development Plan to the City Manager or his designee for approval as set forth herein. If Tenant fails to submit a Tenant Development Plan to CITY within this period, CITY may, at any time prior to submission of a Tenant Development Plan to CITY, terminate this Lease immediately by written notice to Tenant notwithstanding anything to the contrary herein. 2. The Tenant Development Plan must include a specific description of all improvements to be responsible to construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use initially designed and occupancy of constructed upon the Premises and which are not included as part of the Improvement Plans Real Property by Tenant (the “Additional Tenant Improvements”). The Tenant shall Development Plan must be responsible sufficient in all respects to allow CITY to evaluate it for obtaining compliance with the requirements of this Lease, including all building permits Airport Standards. In addition, the Tenant Development Plan also must include a time line for the design and other governmental approvals required to construct construction of the Additional Tenant Improvements. Improvements by Tenant will arrange with no less than four specific benchmark dates consisting of a date for construction commencement and for completion for all laborconstruction, materials, equipment, machinery, utilities, transportation, and as well as dates for at least two other facilities and services necessary for the proper execution and timely completion of significant events in the construction of all Additional the Tenant Improvements. (b) Tenant shall be granted access to the Leased Premises at least four (4) weeks prior to the Rent Commencement Date Improvements (the “Early Occupancy PeriodBenchmarks”) ); designations and restrictions for the purposes use of installing certain areas on the Additional Premises; the total cost for the Tenant Improvements; and any other pertinent information regarding the development of the Premises. The Tenant Development Plan must comply with all Airport Standards 3. Within thirty (30) days of receipt of the proposed Tenant Development Plan, the City Manager or his designee shall review and approve or disapprove, not to be unreasonably withheld, the proposed Tenant Development Plan submitted by Xxxxxx. The sole method of acceptance of the Tenant Development Plan by CITY is execution by the City Manager or his designee of a notice of acceptance of the final design. The failure of the City Manager or his designee to respond to any submission by Xxxxxx within the required time period shall not be deemed an acceptance. The Tenant Development Plan as finally approved by the City Manager or his designee shall become the “Approved Tenant Development Plan.” The Approved Tenant Development Plan may be modified by Tenant only if such modifications are approved in advance and in writing by the City Manager or his designee, in his or her sole discretion. 4. If the City Manager disapproves the Tenant Development Plan or any subsequently submitted modified Tenant Development Plan, the City Manager or his designee will inform Xxxxxx in writing of his or her disapproval with details as to the reasons for such disapproval and/or request for further clarification of the Tenant Development Plan elements. Tenant shall respond within thirty (30) days with a modified Tenant Development Plan or subsequent modified Tenant Development Plan. Modified Tenant Development Plans submitted by Tenant may include revised dates as compared to previously submitted Tenant Development Plans to account for delays necessitated by resubmission. The parties agree to negotiate in good faith to resolve any conflicting issues that may arise, but if the parities cannot conduct business operations in the Leased Premises during the Early Occupancy Period. agree to a Tenant shall not be required to pay Basic Annual Rent, utilities or Common Area Expenses during the Early Occupancy Period. (c) During the Early Occupancy Period, Tenant Development Plan and Tenant’s contractors, vendors, representatives and employees will be entitled to access such floor for the purpose execute a notice of installing the Additional Tenant Improvements. Landlord may be performing construction of some acceptance of the Improvements during the period in which final design, CITY or Tenant has access to certain areas of the Leased Premises to install the Additional Tenant Improvements. Accordingly, there may at times be certain “overlap” periods pursuant to which both Landlord’s representatives, employees, vendors and contractors and Tenant’s representatives, employees, vendors and contractors may be present and performing work in a portion of the Leased Premises concurrently. During any such “overlap” period(sterminate this Lease by ten (10) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Leased Premises, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendors, contractors, and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect days written notice to the other and, in that event, no recourse or damages shall be available to either party’s work; . During such termination notice period, Xxxxxx may choose to accept any proposed Tenant Development Plan which the City Manager or his designee previously provided, in writing to Tenant, would be acceptable, and in such event the termination by CITY shall be revoked. 5. In the event that Xxxxxx fails to timely complete a Benchmark, except due to force majeure or the act or omission of a conflict CITY, then the CITY may terminate this Lease, notwithstanding Section 21, following written notice from CITY providing thirty (30) business days to complete the Benchmark. The Benchmark of completion of all construction shall be fulfilled when applicable temporary and/or permanent certificates of occupancy or equivalent approvals have been issued for all structures shown on the Tenant Development Plan. The determination of completion of any other Benchmarks shall be at CITY’s reasonable judgment, which cannot shall be resolved, the Tenant’s work will be rescheduledexercised in good faith.