Common use of Construction of Landlord’s Work Clause in Contracts

Construction of Landlord’s Work. At Landlord’s sole cost and expense, Landlord shall construct the Landlord’s Work in accordance with the Approved Plans and all applicable Laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. The Landlord’s Work shall be prepared in accordance with, and using, finishes, materials and specifications comparable to those used to construct “Building 3” at the Project. Within thirty (30) days after the Commencement Date, Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any defective item of construction, and Landlord shall promptly cause such items to be corrected. The term “punch list” shall mean details of construction, decoration, and mechanical adjustment which in the aggregate, are minor in character and do not interfere with the Tenant’s use or enjoyment of the Premises. In addition to (and not in lieu of) Landlord’s obligations under the Lease with respect to repairs, Landlord warrants to Tenant that the Landlord’s Work will be free from defects in workmanship and materials. Therefore, if, during the first twelve (12) months of the Term, Tenant shall reasonably determine that any of the workmanship or material used in the Work is defective, and Tenant shall so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be appropriately corrected, repaired, or replaced, without cost or expense to Tenant. Such correction, repair or replacement shall be performed as promptly as practical and in such manner so as to minimize interference with Tenant’s operations in or about the Premises.

Construction of Landlord’s Work. At The Landlord’s Work shall be performed by The Xxxxx Company (the “General Contractor”). Landlord shall enter into a contract (the “Construction Contract”) with the General Contractor for performance of the Landlord’s Work. Landlord shall obtain all permits necessary for construction of the Landlord’s Work. Landlord then shall promptly cause the General Contractor to commence, construct and complete the Tenant Improvements in a good and workmanlike manner and in accordance with the Final Plans, at Landlord’s sole cost and expense, Landlord shall construct expense (except as otherwise provided herein). In the event that the Landlord’s Work in accordance with the Approved Plans and all applicable Laws, is not performed in a good and workmanlike mannermanner or in conformity with the Final Plans, free the Landlord shall require the General Contractor to comply therewith. Landlord’s Work shall strictly comply with all governmental rules, regulations, laws and building codes; and all private covenants, conditions and restrictions applicable thereto. Tenant’s approval of defects and using new materials and equipment the Final Plans shall not release Landlord from any of good qualityits obligations hereunder. The Landlord’s Work shall be prepared in accordance withdeemed to be “Substantially Complete” on the date that all Landlord’s Work have substantially been performed, other than any details of construction, mechanical adjustment or any other similar matter, the non-completion of which does not interfere with Tenant’s use of the Premises, which matters can reasonably be completed within thirty (30) days, and usingall necessary governmental permits and approvals necessary for use and occupancy of the Premises have been issued. If Landlord is delayed in the performance of the Landlord’s Work as a result of (i) the negligence or willful misconduct of Tenant or Tenant’s agents, finishesemployees, contractors or vendors, including, without limitation, changes requested by Tenant after the Final Plans have been approved by Landlord and Tenant, (ii) Tenant’s failure to comply with any of its obligations under the Lease, (iii) Tenant’s failure to approve or comment upon the Construction Drawings and Specifications within the timeframe set forth herein or meet any of the other timeframes set forth in this Exhibit C (including without limitation the specification of the color of paint, carpet or other materials and specifications comparable within five (5) business days of Landlord’s request for such selection), (iv) Tenant’s failure to those used to construct “Building 3” reimburse Landlord for any amounts due under this Exhibit C, (v) the specification of any non-standard materials or equipment with long lead times where Tenant is notified by Landlord at the Projecttime of specification of such materials or equipment of the delay associated with said non-standard materials or equipment and fails to provide a reasonable substitute or withdraw the request for such material or equipment within three (3) business days of such notification or (vi) any Approval Periods beyond the initial Approval Period other than those necessary due to the failure of the Final Plans to be consistent with the Construction Drawings and Specifications referenced in Exhibit C-1 (each, a “Tenant Delay”), the Landlord’s Work shall be deemed to be Substantially Complete on the date that Landlord could reasonably have been expected to Substantially Complete the Landlord’s Work absent any Tenant Delay. Within ten (10) days following notice from Landlord to Tenant that Landlord believes Landlord’s Work is Substantially Complete, Landlord and Tenant shall “walk-through” the Premises and jointly complete a punchlist of items of the Landlord’s Work needing completion or correction by the General Contractor. Landlord shall use commercially reasonable efforts to complete or correct all punch-list items within thirty (30) days after the Commencement Datewalk-through inspection and shall notify Tenant in writing of the completion thereof. Within ten (10) days after Landlord’s notification to Tenant of completion or correction of all the punchlist items, Landlord and Tenant again shall “walk-through” the Premises to determine if all the punchlist items have the right to submit a written “punch list” to Landlord, setting forth any defective item of constructionbeen completed or corrected, and Landlord shall promptly cause such prepare and resubmit to the Contractor a revised punchlist of any remaining incomplete or uncorrected items to be corrected. The term “punch list” shall mean details of construction, decoration, and mechanical adjustment which in the aggregate, are minor in character and do not interfere with the Tenant’s use or enjoyment of the Premises. In addition to (and not in lieu of) Landlord’s obligations under the Lease with respect to repairs, Landlord warrants to Tenant that the Landlord’s Work will be free from defects in workmanship and materials. Therefore, if, during the first twelve (12) months of the Term, Tenant shall reasonably determine that any of the workmanship or material used in the Work is defective, and Tenant shall so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be appropriately corrected, repaired, or replaced, without cost or expense to Tenant. Such correction, repair or replacement shall be performed completed as promptly soon as practical and in such manner so as to minimize interference with Tenant’s operations in or about the Premisesreasonably practicable.

Construction of Landlord’s Work. At Landlord shall use commercially reasonable and diligent efforts to meet the Work Deadlines set forth in the Estimated Construction Schedule for completion of the Landlord’s sole cost and expenseWork. In the event Tenant delivers a New Building Exercise Notice, then Landlord shall construct use commercially reasonable and diligent efforts to commence construction of the Landlord’s Work in accordance with (i.e., demolition of the Approved Plans and all applicable Laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. The Landlord’s Work shall be prepared in accordance with, and using, finishes, materials and specifications comparable to those used to construct “Building 3” at the Project. Within existing improvements) within thirty (30) days after Landlord’s receipt of the applicable permits (except as otherwise set forth on the Estimated Construction Schedule) (the “Commencement of Construction”). Landlord shall use commercially reasonable and diligent efforts to complete construction of the Landlord’s Work and deliver the New Building to Tenant in the “New Building Substantial Completion Condition,” as that term is defined in Section 10, below, on or before the date shown on the Estimated Construction Schedule for substantial completion (the “New Building Substantial Completion Date”) (subject to delays caused by Force Majeure, or other matters that were not reasonably foreseeable to Landlord at the time that Landlord delivered the Preliminary New Building Information Notice to Tenant or except as otherwise set forth on the Estimated Construction Schedule). Notwithstanding any contrary provision set forth in this Agreement, the New Building Substantial Completion Date shall be delayed by one day for every day of delay caused by (i) Tenant Delays and (ii) delays due to “Force Majeure,” as that term is defined in the Lease. During construction of the Landlord’s Work, Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any defective item of construction, attend construction meetings and Landlord shall promptly cause such items to be corrected. The term “punch list” shall mean details of construction, decoration, and mechanical adjustment which in inspect the aggregate, are minor in character and do not interfere with the Tenant’s use or enjoyment progress of the Premises. In addition to (and work, so long as such action does not in lieu of) Landlord’s obligations under delay the Lease with respect to repairs, Landlord warrants to Tenant that the Landlord’s Work will be free from defects in workmanship and materials. Therefore, if, during the first twelve (12) months of the Term, Tenant shall reasonably determine that any of the workmanship or material used in the Work is defective, and Tenant shall so notify Landlord in writing that such workmanship or material is defective, Landlord shall cause such defective workmanship or material to be appropriately corrected, repaired, or replaced, without cost or expense to Tenant. Such correction, repair or replacement shall be performed as promptly as practical and in such manner so as to minimize interference with Tenant’s operations in or about the Premisesconstruction schedule.