Common use of Construction of Leased Premises Clause in Contracts

Construction of Leased Premises. Lessor shall construct the leased premises substantially in accordance with the standards set forth on Exhibit B attached hereto ("Lessor's Work"). Tenant shall commence and complete Tenant's Work, substantially in accordance with the standards set forth on Exhibit C attached hereto, and in accordance with the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.

Construction of Leased Premises. Lessor (a) The Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). (b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as “Tenant’s Work.” Xxxxxx agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without Xxxxxxxx’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. T nant shall n t be deemed to have taken possession of the leased premises substantially Leased Premises until and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Xxxxxx actually commences construction of its leasehold improvements following Xxxxxxxx’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that Xxxxxx’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Xxxxxx to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the standards provisions of Exhibit B. (c) Upon execution of this Lease, Tenant shall pay to Landlord, as a reimbursement to Landlord for costs and expenses with respect to the Leased Premises, the sum set forth on Exhibit B attached hereto ("Lessor's Work"). in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by Tenant shall commence and complete Tenant's Worknot in any manner reduce or limit the obligation of Tenant for payment of other charges under this Lease, substantially in accordance with including, without limitation, the standards charges set forth on Exhibit C in the Exhibits attached hereto. Notwithstanding anything to the contrary contained in this Lease, and in accordance with the following provisions: (aevent that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) Within due to Tenant’s particular manner of use of the Leased Premises, then Tenant shall reimburse Landlord the actual amount of the impact fee(s) incurred within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenantsaid fees are due. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.S7 COMMON AREA CHARGE

Construction of Leased Premises. Lessor (a) The leased premises shall construct be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such panty in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-I. Minor changes from any plans or specifications covering Landlord's Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or leased premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the leased premises substantially are in accordance with an expansion wing of the standards regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth on in Exhibit B attached hereto ("Lessor's Work"B). Tenant shall commence and complete Tenant's Work, substantially in accordance with the standards set forth on Exhibit C attached hereto, and in accordance with the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven Tenant agrees, prior to the commencement of the term of this Lease, at Tenant's sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as "Tenant's Work." Tenant agrees to furnish to Landlord the Working Drawings and Specifications (7and Demolition Drawings, as applicable) days after with respect to the leased premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by the Landlord, shall be made by Tenant without Landlord's prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord's architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Tenant shall not open the leased premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant's final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the leased premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord's approval of Tenant's preliminary plans final Working Drawings and specifications by LessorSpecifications (and Demolition Drawings, as applicable). Until Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable is so deemed to Lessorhave taken possession, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails of a default by Tenant under this Article V, Landlord, upon notice to conform to the approved plans and specifications, Lessor Tenant shall have the right to stop declare this Lease null and void and of no further force or effect and, thereafter may demise and lease the premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant's storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VJI. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the leased premises shall have been previously occupied, Tenant acknowledges that the Tenant's Work described in Exhibit B has been initially performed by a tenant previously occupying the leased premises and that Tenant accepts the leased premises in an "as is" condition without representation by the Landlord or any person, firm or corporation on behalf of Landlord as to require strict compliance with the terms condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Tenant to completely remodel and refurbish the leased premises and, subject to Landlord's approval, will cause such work to be performed prior to the commencement of the term of this Lease.. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the provisions of Exhibit B. (fc) Upon execution of this Lease, Tenant shall obtain all necessary approvals pay to Landlord, as a reimbursement to Landlord for costs and permits required expenses with respect to the leased premises, the sum set forth in the Data Sheet as "Tenant Reimbursement to Landlord." The payment of such sum by Tenant shall not in any manner reduce or limit the obligation of Tenant for completion payment of Tenant's Work and shall comply fully with all applicable lawsother charges under this Lease, ordinancesincluding, codes and other governmental requirements and regulations pertaining thereto and with without limitation, the requirements of fire underwriterscharges set forth in the Exhibits attached hereto.

Construction of Leased Premises. Lessor shall construct (a) The Landlord will complete the leased premises substantially work designated as "Landlord's Work" in accordance with the standards set forth on Exhibit B attached hereto (provisions of Schedule "Lessor's WorkC"). Tenant shall commence and complete Tenant's Work, substantially in accordance with the standards set forth on Exhibit C attached hereto, and in accordance with the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven (7) days after approval Notwithstanding anything contained in this Section 2.4, the Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's preliminary plans Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and specifications electrical work to be done with respect to the Leased Premises by Lessor, or on behalf of the Tenant shall submit complete working plans be carried out by the Landlord's contractors and specifications for Lessoremployees at the Tenant's review cost and written approvalexpense which is repayable by the Tenant to the Landlord upon demand as Additional Rent. (c) Lessor The Landlord shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven give the Tenant at least fifteen (715) days after receipt prior written notice of such plans and specifications. (d) the date upon which possession of the Leased Premises will be available to the Tenant shall commence and complete with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work promptly upon completion of can be performed by the Tenant in conjunction with the Landlord's Work strictly Work. The Tenant shall, during the Fixturing Period (being the period referred to in accordance with Paragraph (b) of the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractorsSpecial Provisions), at enter upon and take possession of the sole cost and expense Leased Premises for the purpose of completing the Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere in common with the completion of LessorLandlord and the Landlord's Work contractors and is scheduled under employees. During the direction of Lessor or Lessor's construction manager.Fixturing Period, the Tenant shall: (ei) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in perform the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and cause its employees and contractors to require strict compliance do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and (ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. Upon the expiration of the Fixturing Period, Basic Rent shall be payable in accordance with the terms of this Lease. (d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area of the Leased Premises, the opinion of the Landlord's Architect will be final and binding. (e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after taking possession, the Tenant will be deemed to have examined the Leased Premises and to have agreed that they are in good order and that the Landlord's Work has been satisfactorily completed. There is no promise, representation or undertaking by or binding upon the Landlord with respect to any alteration, remodelling [sic] or redecorating of, or installation of equipment or fixtures in, the Leased Premises, unless expressly set forth in this Lease. (f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall obtain and does hereby release the Landlord from all necessary approvals and permits required costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriterswhom it is at law responsible. See Rider 1. See Rider 2.

Construction of Leased Premises. Lessor shall construct (a) Landlord shall, subject to the leased premises terms and conditions of this Lease Agreement, at its own cost and expense cause the Building to be completed and the Premises to be built and completed substantially in accordance with the standards set forth Landlord's Work as shown on Exhibit B attached hereto ("Lessor's Work")B. The Premises shall be constructed in a good and workmanlike manner. Tenant shall commence and complete Tenant's Work, substantially in accordance Landlord warrants that the improvements to the Premises will be constructed with the standards set forth on Exhibit C attached hereto, new materials of good quality and in accordance with all currently existing laws, ordinances and statutes of the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached heretomunicipal or State governments. (b) Within seven (7) days Possession of the Premises completed in accordance with Landlord's Work, shall be delivered not later than July 1, 1997, unless construction is delayed for causes beyond Landlord's control, including delays in decision sign-offs by Tenant. In that event the time fixed to complete and deliver the Premises shall be extended for a grace period equivalent to the time lost by reason of such delay, after approval of Tenant's preliminary plans and specifications by Lessor, which Tenant shall submit complete working plans and specifications for Lessor's review and written approvalhave the option of terminating this Lease. (c) Lessor Landlord, at no charge to Tenant, shall approve or disapprove allow Tenant early entrance on the Premises only to prepare the Premises for installation of Tenant's preliminary plans fixtures and specifications equipment and Tenant's working plans for no other purpose. Prior to entering the Premises, for the purpose of installing its fixtures and specifications within seven (7) days after receipt of such plans and specifications. (d) equipment, Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the obtain written consent of LessorLandlord, commence Tenant's Work prior which consent shall not be unreasonably withheld. Xxxxxxx Xxxxxx, an employee of Landlord, is hereby designated by Landlord as building liaison to completion Tenant during its initial move-in and occupancy. Tenant shall obey all reasonable restrictions of Lessor's Work, Landlord and shall prepare the Premises in a manner so long as Tenant's Work does not to interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or LessorLandlord's construction managerof the Premises. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.

Construction of Leased Premises. Lessor (a) The Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). S6 COMMON AREA CHARGE (b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as ““Tenant’’s Work.”” Tenant agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without Xxxxxxxx’’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Xxxxxxxx’’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises substantially Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Xxxxxxxx’’s approval of Xxxxxx’’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Xxxxxx’’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that Tenant’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an ““as is”” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Xxxxxx to completely remodel and refurbish the Leased Premises and, subject to Landlord’’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the standards provisions of Exhibit B. (c) Upon execution of this Lease, Tenant shall pay to Landlord, as a reimbursement to Landlord for costs and expenses with respect to the Leased Premises, the sum set forth on Exhibit B attached hereto ("Lessor's Work"). in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by Tenant shall commence and complete Tenant's Worknot in any manner reduce or limit the obligation of Tenant for payment of other charges under this Lease, substantially in accordance with including, without limitation, the standards charges set forth on Exhibit C in the Exhibits attached hereto. Notwithstanding anything to the contrary contained in this Lease, and in accordance with the following provisions: (aevent that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) Within due to Tenant’s particular manner of use of the Leased Premises, then Tenant shall reimburse Landlord the actual amount of the impact fee(s) incurred within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached heretosaid fees are due. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.

Construction of Leased Premises. Lessor shall construct 1. Landlord shall, at its expense, improve the leased Leased Premises by constructing therein office premises substantially (the "Project") in accordance with the standards set forth plans and specifications. It is expressly understood and agreed that notwithstanding Tenant's approval of the Plans and Specifications, Tenant shall have no liability whatsoever for any defects, errors or omissions in the documentation furnished by it to Landlord or as a result of its approval of the Plans and Specifications prepared by Landlord's architect. 2. Promptly after execution of this Lease, Landlord shall make application for all required permits from the appropriate governmental authorities having jurisdiction over the Leased Premises for the construction of the Project and thereafter Landlord shall diligently pursue the same and use its good faith efforts to secure such permits. After Landlord has obtained necessary permits, Landlord shall promptly commence and shall diligently proceed with the construction of the Project in order to complete the same at the earliest possible date consistent with sound construction practices. No changes shall be made to the Plans and Specifications or the construction work to be performed by Landlord without the written approval of Landlord and Tenant, which approval shall specify without limitation any additional cost and the effect of such change on Exhibit B attached hereto ("Lessor's Work")the completion date. Tenant shall commence and complete Tenant's Work, substantially advise Landlord in accordance with writing of the standards set forth on Exhibit C attached heretoname of its designated represen-tative for the purpose of granting such approvals as are necessary, and in accordance with the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenantchange such representative from time to time upon written notice to Landlord. 3. Landlord's Work work on account of construction of the Project shall be done in a good and to require strict workmanlike manner in compliance with the terms Plans and Specifications and all building codes and regulations. Landlord shall keep Tenant informed on a regular basis (but no less often than monthly) as to the progress of this Lease. (f) construction and Tenant shall obtain at all necessary approvals times have access to the work and permits required the Plans and Specifications to inspect and review the same, provided that any inspection or entry by Tenant shall not unreasonably interfere with or unduly delay Landlord's construction work, and Tenant waives all claims against Landlord for personal injury or property damage, and indemnifies and holds Landlord harmless from all claims, liabilities, damages and expenses (including reasonable attorneys' fees), resulting from any such inspection or entry except to the extent due to the negligence or willful misconduct of Landlord, its agents, employees or contractors. Landlord covenants that upon completion of Tenant's Work and such construction work, the Leased Premises shall comply fully be in compliance with all applicable laws, ordinances, codes and other governmental requirements ordinances. Within thirty (30) days following delivery of possession of the Leased Premises to Tenant, Tenant may inspect the same and regulations pertaining thereto and generate a punch list of those portions of the work which, in Tenant's reasonable estimation, are incomplete or not substantially in conformance with the requirements Plans and Specifications, and Landlord shall complete or remedy the same within a reasonable time following the receipt of fire underwriterssuch list. Further, Landlord shall promptly correct, repair and/or replace any defective workmanship and/or material in the Project of which Tenant notifies Landlord within one (1) year after possession of the Leased Premises is delivered to Tenant, and Landlord shall correct, repair and/or replace any latent defects in the Project. Landlord agrees that any guarantees or warranties received by Landlord from the general contractor and any subcontractor, supplier or materialmen with respect to the construction of the Project shall be assigned to Tenant, and Landlord shall, upon demand from the Tenant, join with Tenant in enforcing the same. 4. Landlord shall give Tenant written notice upon completion of construction of the Project accompanied by (i) a certificate from Landlord's architect certifying that the Leased Premises have been completed in accordance with the Plans and Specifications and (ii) an occupancy permit for occupancy of the Leased Premises. Landlord agrees that during the course of constructing the Project on the Leased Premises, Tenant may enter the same for the purpose of installing its fixtures and equipment to whatever extent it may be practical so to do without interfering with the completion of the Project and without being guilty of or liable for trespass, rent, use or occupancy.

Construction of Leased Premises. Lessor shall construct (a) The Landlord will complete the leased premises substantially work designated as "Landlord's Work" in accordance with the standards set forth provisions of Schedule "C". (b) Notwithstanding anything contained in this Section 2.4, the Landlord may upon reasonable notice to the Tenant require the Tenant to perform parts of the Tenant's Work prior to the completion of the Landlord's Work in any case where the nature or state of all work is such that the Landlord considers it necessary or desirable to do so. The Landlord may require that all mechanical and electrical work to be done with respect to the Leased Premises by or on Exhibit B attached hereto behalf of the Tenant shall be carried out by the Landlord's contractors and employees at the Tenant's cost and expense which is repayable by the Tenant to the Landlord upon demand as Additional Rent. ("Lessorc) The Landlord shall give the Tenant notice of the date upon which possession of the Leased Premises will be available to the Tenant with the Landlord's Work substantially completed or completed to the extent that the Tenant's Work can be performed by the Tenant in conjunction with the Landlord's Work". The Tenant shall, during the Fixturing Period (being the period referred to in Section 1.2 of the Special Provisions). Tenant shall commence , enter upon and complete take possession of the Leased Premises for the purpose of completing the Tenant's Work, substantially in accordance common with the standards set forth on Exhibit C attached heretoLandlord and the Landlord's contractors and employees. During the Fixturing Period, and in accordance with the following provisionsTenant shall: (ai) Within perform the Tenant's Work and cause its employees and contractors to do their work so as not to interfere with the Landlord's contractors and employees in the completion of the Landlord's Work, and (ii) be bound by all of the terms, covenants and conditions of this Lease (including, without limitation, the payment of all insurance premiums, electricity, water, temporary heat, security, refuse removal and other Utilities and services furnished to the Tenant or its contractors by the Landlord or others and all other Additional Rent, all as estimated by the Landlord, acting reasonably) except those requiring payment of Basic Rent. (d) If there is a dispute as to (i) completion of the Landlord's Work, or (ii) the availability of the Leased Premises for possession by the Tenant, or (iii) the Usable Area or the Rentable Area of the Leased Premises, the opinion of the Architect will be final and binding. (e) The Tenant will examine the Leased Premises before taking possession and unless the Tenant serves the Landlord with written notice specifying any deficiencies or defects within ten (10) days after Lessor provides taking possession, the Tenant with outline plans for will be deemed to have examined the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans Leased Premises and specifications incorporating Tenant's Work as described on Exhibit C attached hereto. (b) Within seven (7) days after approval of Tenant's preliminary plans to have agreed that they are in good order and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of that the Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere if any, has been satisfactorily completed. There is no promise, representation or undertaking by 6 or binding upon the Landlord with respect to an alteration, remodelling or redecorating of, or installation of equipment or fixtures in, the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work Leased Premises, unless expressly set forth in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) The Tenant acknowledges that if there is a delay which results in the Building or the Landlord's Work not being completed on schedule, the Tenant shall obtain and does hereby release the Landlord from all necessary approvals and permits required costs, expenses, claims, losses or damages suffered or incurred as a result of such delay whether or not caused, or to the extent contributed to, by the acts, omissions or negligence of the Landlord or those for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriterswhom it is at law responsible.

Construction of Leased Premises. Lessor (a) The Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). (b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as “Tenant’s Work.” Xxxxxx agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without Xxxxxxxx’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises substantially Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that Xxxxxx’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Xxxxxx to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the standards provisions of Exhibit B. S7 COMMON AREA CHARGE (c) Upon execution of this Lease, Tenant shall pay to Landlord, as a reimbursement to Landlord for costs and expenses with respect to the Leased Premises, the sum set forth on Exhibit B attached hereto ("Lessor's Work"). in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by Tenant shall commence and complete Tenant's Worknot in any manner reduce or limit the obligation of Tenant for payment of other charges under this Lease, substantially in accordance with including, without limitation, the standards charges set forth on Exhibit C in the Exhibits attached hereto. Notwithstanding anything to the contrary contained in this Lease, and in accordance with the following provisions: (aevent that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) Within due to Tenant’s particular manner of use of the Leased Premises, then Tenant shall reimburse Landlord the actual amount of the impact fee(s) incurred within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached heretosaid fees are due. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.

Construction of Leased Premises. Lessor shall construct 1. Landlord shall, at its expense, improve the leased premises substantially Leased Premises by constructing therein an office building (the "Project") in accordance with the standards set forth plans and specifications identified and described on Exhibit B attached hereto (the "Lessor's WorkPlans and Specifications"). Tenant shall commence It is expressly understood and complete agreed that notwithstanding Tenant's Work, substantially in accordance with approval of the standards set forth on Exhibit C attached hereto, Plans and in accordance with the following provisions: (a) Within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architectSpecifications, Tenant shall furnish Lessorhave no liability whatsoever for any defects, for Lessorerrors or omissions in the documentation furnished by it to Landlord or as a result of its approval of the Plans and Specifications prepared by Landlord's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached heretoarchitect. (b) Within seven (7) days 2. Promptly after execution of this Lease, Landlord shall make application for all required permits from the appropriate governmental authorities having jurisdiction over the Leased Premises for the construction of the Project and thereafter Landlord shall diligently pursue the same and use its good faith efforts to secure such permits. After Landlord has obtained necessary permits, Landlord shall promptly commence and shall diligently proceed with the construction of the Project in order to complete the same at the earliest possible date consistent with sound construction practices. No changes shall be made to the Plans and Specifications or the construction work to be performed by Landlord without the written approval of Landlord and Tenant's preliminary plans , which approval shall specify without limitation any additional cost and specifications by Lessor, the effect of such change on the completion date. Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived advise Landlord in writing by Lessor of the name of its designated representative for the purpose of granting such approvals as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in processare necessary, and in the event it fails to conform to the approved plans and specifications, Lessor Tenant shall have the right to stop Tenantchange such representative from time to time upon written notice to Landlord. 3. Landlord's Work work on account of construction of the Project shall be done in a good and to require strict workmanlike manner in compliance with the terms Plans and Specifications and all building codes and regulations. Landlord shall keep Tenant informed on a regular basis (but no less often than monthly) as to the progress of this Lease. (f) construction and Tenant shall obtain at all necessary approvals times have access to the work and permits required the Plans and Specifications to inspect and review the same, provided that any inspection or entry by Tenant shall not unreasonably interfere with or unduly delay Landlord's construction work, and Tenant waives all claims against Landlord for personal injury or property damage, and indemnifies and holds Landlord harmless from all claims, liabilities, damages and expenses (including reasonable attorneys' fees), resulting from any such inspection or entry except to the extent due to the negligence or willful misconduct of Landlord, its agents, employees or contractors. Landlord covenants that upon completion of Tenant's Work and such construction work, the Leased Premises shall comply fully be in compliance with all applicable laws, ordinances, codes and other governmental requirements ordinances. Within thirty (30) days following delivery of possession of the Leased Premises to Tenant, Tenant may inspect the same and regulations pertaining thereto and generate a punch list of those portions of the work which, in Tenant's reasonable estimation, are incomplete or not substantially in conformance with the requirements Plans and Specifications, and Landlord shall complete or remedy the same within a reasonable time following the receipt of fire underwriterssuch list. Further, Landlord shall promptly correct, repair and/or replace any defective workmanship and/or material in the Project of which Tenant notifies Landlord within one (1) year after possession of the Leased Premises is delivered to Tenant, and Landlord shall correct, repair and/or replace any latent defects in the Project. Landlord agrees that any guarantees or warranties received by Landlord from the general contractor and any subcontractor, supplier or materialmen with respect to the construction of the Project shall be assigned to Tenant, and Landlord shall, upon demand from the Tenant, join with Tenant in enforcing the same. 4. Landlord shall give Tenant written notice upon completion of construction of the Project accompanied by (i) a certificate from Landlord's architect certifying that the Leased Premises have been completed in accordance with the Plans and Specifications and (ii) an occupancy permit for occupancy of the Leased Premises. Landlord agrees that during the course of constructing the Project on the Leased Premises, Tenant may enter the same for the purpose of installing its fixtures and equipment to whatever extent it may be practical so to do without interfering with the completion of the Project and without being guilty of or liable for trespass, rent, use or occupancy.

Construction of Leased Premises. Lessor (a) The Leased Premises shall be constructed substantially as set forth in Exhibit B, which is attached hereto and made a part hereof. Each of the parties hereto does hereby agree to perform the obligations imposed upon such party in said Exhibit B at the times and in the manner therein provided. All references in the text of the Lease to Exhibit B shall include Exhibit B-1. Minor changes from any plans or specifications covering Landlord’s Work which may be, or which may have been, necessary or appropriate during construction of the Shopping Center or Leased Premises shall not affect or change this Lease or invalidate same. If this Lease is executed after the opening of the regional retail development or if the Leased Premises are in an expansion wing of the regional retail development which opened prior to the date of this Lease, the parties hereto acknowledge that the work to be performed by Landlord pursuant to Exhibit B has been fully performed (except to the extent specifically otherwise set forth in Exhibit B). (b) Tenant agrees, prior to the commencement of the term of this Lease, at Tenant’s sole cost and expense, to provide all work of whatsoever nature in accordance with its obligations set forth in Exhibit B as “Tenant’s Work.” Xxxxxx agrees to furnish to Landlord the Working Drawings and Specifications (and Demolition Drawings, as applicable) with respect to the Leased Premises prepared in the manner and within the time periods required in Exhibit B. If such Working Drawings and Specifications (and Demolition Drawings, as applicable) are not furnished by Tenant to Landlord within the required time periods in form to permit approval by Landlord, then Landlord may at its option at any time while Tenant is in default of this provision, in addition to any and all other remedies provided in this Lease, by notice to Tenant, declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate, but Tenant shall remain liable for all obligations arising during the original stated term as provided in this Lease. In addition, if Landlord determines that Landlord and Tenant are unable to agree upon Working Drawings and Specifications (and Demolition Drawings, as applicable), Landlord shall have the option, upon notice to Tenant, to declare this Lease null and void and of no further force or effect, in which event this Lease shall terminate on the date specified in such notice, in the same manner as provided in the preceding sentence. No deviation from the final set of plans and specifications, once approved by Landlord, shall be made by Tenant without Xxxxxxxx’s prior written consent. Approval of the plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord or Landlord’s architect for their accuracy, efficacy or sufficiency, and Tenant shall be solely responsible for such items. Unless Landlord otherwise directs in writing, Tenant shall not open the Leased Premises for business until all construction has been completed pursuant to the provisions of Exhibit B. Until such time as Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable) have been approved in writing by Landlord, the right of Tenant to enter upon the Leased Premises shall be solely for the purpose of inspection, measurement and obtaining information necessary to prepare architectural drawings and construct its premises. Tenant shall not be deemed to have taken possession of the leased premises substantially Leased Premises until, and Landlord shall be deemed to have delivered and Tenant shall be deemed to have taken such possession when, Tenant actually commences construction of its leasehold improvements following Landlord’s approval of Tenant’s final Working Drawings and Specifications (and Demolition Drawings, as applicable). Until Tenant is so deemed to have taken possession, in the event of a default by Tenant under this Article V, Landlord, upon notice to Tenant, shall have the right to declare this Lease null and void and of no further force or effect and thereafter may demise and lease the Premises described in Section 1.01 free from any rights of Tenant. Tenant shall not open its store for business until Tenant’s storefront sign is installed, the store is fully fixtured, lighted, stocked with merchandise in place and staffed, and Tenant is prepared to engage in the sale of goods and/or services to the public pursuant to Article VII. Under no circumstances shall Tenant remove the storefront barricade, unless Landlord shall specifically otherwise direct in writing. Landlord shall remove the storefront barricade (or Tenant shall remove the same if so directed in writing by Landlord) when Tenant is so prepared to open for business as determined by Landlord, and Tenant shall reimburse Landlord for all costs and expenses in connection with such removal (or Tenant shall pay for all such costs and expenses directly (including transportation of the barricade to storage in the regional retail development), if Tenant shall be directed by Landlord to perform such removal). If all or any part of the Leased Premises shall have been previously occupied, Tenant acknowledges that Xxxxxx’s Work described in Exhibit B has been initially performed by a tenant previously occupying the Leased Premises and that Tenant accepts the Leased Premises in an “as is” condition without representation by Landlord or any person, firm or corporation on behalf of Landlord as to the condition thereof. Tenant shall submit Working Drawings and Specifications and Demolition Drawings showing the work to be performed by Xxxxxx to completely remodel and refurbish the Leased Premises and, subject to Landlord’s approval, will cause such work to be performed prior to the commencement of the term of this Lease. All such additional work and permitted alterations, repairs and improvements shall be in accordance with the standards provisions of Exhibit B. (c) Upon execution of this Lease, Tenant shall pay to Landlord, as a reimbursement to Landlord for costs and expenses with respect to the Leased Premises, the sum set forth on Exhibit B attached hereto ("Lessor's Work"). in the Data Sheet as “Tenant Reimbursement to Landlord.” The payment of such sum by Tenant shall commence and complete Tenant's Worknot in any manner reduce or limit the obligation of Tenant for payment of other charges under this Lease, substantially in accordance with including, without limitation, the standards charges set forth on Exhibit C in the Exhibits attached hereto. Notwithstanding anything to the contrary contained in this Lease, and in accordance with the following provisions: (aevent that Landlord is subject to or incurs impact fees from the local municipality, County or State government(s) Within due to Tenant’s particular manner of use of the Leased Premises, then Tenant shall reimburse Landlord the actual amount of the impact fee(s) incurred within ten (10) days after Lessor provides Tenant with outline plans for the leased premises prepared by Lessor's architect, Tenant shall furnish Lessor, for Lessor's prior written approval, Tenant's preliminary plans and specifications incorporating Tenant's Work as described on Exhibit C attached heretosaid fees are due. (b) Within seven (7) days after approval of Tenant's preliminary plans and specifications by Lessor, Tenant shall submit complete working plans and specifications for Lessor's review and written approval. (c) Lessor shall approve or disapprove Tenant's preliminary plans and specifications and Tenant's working plans and specifications within seven (7) days after receipt of such plans and specifications. (d) Tenant shall commence and complete Tenant's Work promptly upon completion of Landlord's Work strictly in accordance with the approved working plans and specifications through a contractor or contractors acceptable to Lessor, who shall have supplied completion and material payment bonds in form acceptable to lessor (unless this requirements is specifically waived in writing by Lessor as to a particular contractor or contractors), at the sole cost and expense of Tenant. Tenant may, with the written consent of Lessor, commence Tenant's Work prior to completion of Lessor's Work, so long as Tenant's Work does not interfere with the completion of Lessor's Work and is scheduled under the direction of Lessor or Lessor's construction manager. (e) Lessor or its representatives shall be allowed to inspect Tenant's Work in process, and in the event it fails to conform to the approved plans and specifications, Lessor shall have the right to stop Tenant's Work and to require strict compliance with the terms of this Lease. (f) Tenant shall obtain all necessary approvals and permits required for completion of Tenant's Work and shall comply fully with all applicable laws, ordinances, codes and other governmental requirements and regulations pertaining thereto and with the requirements of fire underwriters.