Common use of Construction of Leasehold Improvements Clause in Contracts

Construction of Leasehold Improvements. Tenant shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors and engineers of its choice, subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plans, Tenant shall be solely responsible for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.

Construction of Leasehold Improvements. At such time as Tenant shall perform -------------------------------------- has approved (or is deemed to have approved) the Cost Proposal and has made any required Construction Deposit, Landlord will cause the Leasehold Improvements (and the Base Building work, if not already completed) to be constructed or installed in the Premises in a good and workmanlike manner and according to the Construction Documents and all applicable Laws. Upon substantial completion of the construction and installation of the Leasehold Improvements and prior to Tenant's Work with general contractor(s)occupancy of the Premises, construction manager(s)Tenant will pay to Landlord the amount, subcontractors if any, by which the Total Cost exceeds the sum of the Landlord's Allowance and engineers the Construction Deposit. If Landlord's Allowance exceeds t e Total Cost, Tenant will be entitled, during the Term of its choicethe Lease, to use the unused portion of Landlord's Allowance (the "Remaining Landlord's Allowance") for Approved Additional Leasehold Improvements. "Approved Additional Leasehold Improvements" shall mean any additional alterations, leasehold improvements and installations to be constructed or 29 installed by Tenant in the Premises, excluding any repairs, replacements and/or maintenance to the Base Building work and the Leasehold Improvements. Approved Additional Leasehold Improvements shall be subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof prior written approval in accordance with the Building's Rules terms and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all provisions of the Premises, showing the location of doors, partitions, electrical Lease and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlordthis Work Letter, which consent approval shall not be unreasonably withheld or delayed. In Plans and specifications for Approved Additional Leasehold Improvements shall be subject to Landlord's approval according to Paragraph 14 below. If Landlord approves Tenant's plans for the event Approved Additional Leasehold Improvements, Tenant may perform or cause to be performed the Approved Additional Leasehold Improvements in accordance with and subject to the applicable terms, covenants and conditions of the Lease and this Work Letter, including specifically, without limitation, Paragraph 13 below and Paragraphs 8 and 9 of the Lease. With respect to the Approved Additional Leasehold Improvements, Landlord fails agrees to respond pay Tenant an allowance to be applied to the cost of designing and performing the Approved Additional Leasehold Improvements in an amount equal to the lesser of (a) Tenant's costs; or (b) the Remaining Landlord's Allowance. Landlord will distribute the Remaining Landlord's Allowance (or any proposed Final Plans or revisions/modifications portion thereof actually used by Tenant as herein provided), in a single payment to Tenant within ten thirty (1030) business days after Landlord(a) Tenant has completed all of the Approved Additional Leasehold Improvements in the Premises, and (b) Tenant delivers to Landlord original lien waivers from all contractors and any and all applicable subcontractors or suppliers indicating that claims for mechanics' or material men's receipt thereof, Landlord shall be deemed liens with respect to the Approved Additional Leasehold Improvements for the Premises have given its consent theretobeen waived. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final PlansAdditionally, Tenant shall be solely responsible provide to Landlord written notice from all contractors and Tenant's architect (or other evidence satisfactory to Landlord) that the Approved Additional Leasehold Improvements for the design and function of such Final Plans and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipmentPremises have been completed.

Construction of Leasehold Improvements. The Leasehold Improvements' work shall be performed by a general contractor ("Contractor") (Fulxxxx Xxnstruction or DBAC) selected by Landlord and Tenant. Landlord and Tenant shall, after adjustments for the inconsistent assumptions to reflect an "apples to apples" comparison, select the lowest priced bid. Following Tenant's approval of the estimate described in Subparagraph 3.2 above, the Contractor shall commence and diligently proceed with the construction of the Leasehold Improvements, subject to Tenant Delays (as described in Paragraph 8) and any other delays beyond the reasonable control of Landlord or the Contractor (including, without limitation, any fire, earthquake, inclement weather or other acts of God, shortages in material or labor, strikes and delays in obtaining governmental permits and approvals). Promptly upon the commencement of the Leasehold Improvements work, Landlord shall furnish Tenant with a construction schedule setting forth the projected completion dates therefor and showing the deadlines for any actions required to be taken by Tenant during such construction, and Landlord may from time to time during construction of the Leasehold Improvements modify or amend such schedule. Landlord shall make a reasonable effort to meet such schedule, as the same may be modified or amended; provided, however, Landlord shall have no liability to Tenant for damages or losses, and Tenant shall have no right to terminate or cancel this Lease, as a result of any failure or delay in meeting such schedule or substantially completing the Leasehold Improvements except as provided in the Outside Commencement Date Rider. Any approved changes to the Final Plans shall initiate a new written estimate of Work Cost which shall be approved by Tenant pursuant to the provisions of Paragraph 3.2 above. Landlord shall permit Tenant and its agents or contractors to enter the Premises three (3) weeks prior to substantial completion, to perform -------------------------------------- Tenant's Work such work as installing furniture systems, trade fixtures, telephone systems and business equipment. The foregoing license to enter the Premises prior to substantial completion shall be conditioned upon Tenant and its agents and/or contractors working in harmony and not interfering with general contractor(s)the work being performed by Contractor, construction manager(s)or interfering with the permitting of the Leasehold Improvements' work, subcontractors and engineers shall otherwise be subject to the insurance and indemnity provisions of the Lease. Tenant agrees its choice, subject agents and/or contractor shall be required to coordinate their schedule with the Contractor to ensure work is not interrupted. Subject to Landlord's approval, which shall not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review the Final Plansinstall a roof-mounted, Tenant shall be solely responsible for the design non-penetrating satellite dish antenna, and/or other equipment installed and function of such Final Plans maintained by contractor selected by Landlord and Tenant shall construct Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.

Construction of Leasehold Improvements. The Landlord shall, at its sole cost and expense, improve the Premises as set forth in Exhibit “B” (“Landlord’s Work”). In addition to the foregoing, Landlord shall perform, or cause to be performed, any and all renovations and improvements to the kitchen and bathrooms (the “Renovations”) at the Premises, the cost of which shall be performed at Landlord’s sole cost and expense and shall not be deducted from the TI Contribution (as hereinafter defined). The Renovations shall be deemed to be a part of the Landlord’s Work. The parties acknowledge and agree that the Renovations shall use building standard materials and finishes. Any improvements to the Premises other than those set forth in Exhibit “B” shall be constructed by the Landlord at the sole cost and expense of the Tenant (“Tenant’s Work”). No later than five (5) business days after the execution of this Lease by the Tenant Tenant shall perform -------------------------------------- Tenant's Work furnish Landlord with general contractor(s)a “Preliminary Space Plan” for the Premises, construction manager(s), subcontractors and engineers of its choice, subject in form reasonably acceptable to Landlord's approval, not drawn to a scale of one-quarter inch (¼”) equals one (1) foot to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary used for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed’s Work. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within Within ten (10) business days after Landlord's Laxxxxxx’x receipt thereofof the Preliminary Space Plan, Landlord shall be deemed prepare and furnish to have given its consent theretoTenant an estimated cost of construction of Landlord’s Work based on the Preliminary Space Plan, including in the estimate separate entries for labor, material and a construction management fee in the amount of three percent (3%). No later than five (5) business days after submission of Landlord’s estimate of construction costs to Tenant, as set forth above, Tenant shall cause either agree to the Final Plans estimate and authorize Landlord to comply proceed with all Applicable Laws the Landlord’s Work or furnish to Landlord specific objections to the Work estimate. If Landlord and Tenant are unable to agree upon the construction cost for Landlord’s Work within thirty (hereinafter defined). Notwithstanding 30) days from the fact that Landlord's architects and engineers execution of this Lease by the Tenant, then Landlord or Tenant shall have the right to review terminate this Lease upon three (3) days written notice to the Final Plansother and, thereupon, neither Landlord nor Tenant shall have any further rights or obligations under this Lease and the Security Deposit shall be solely responsible for promptly returned to Tenant. The agreed cost of construction of Landlord’s Work shall be paid by Landlord from the design and function of such Final Plans and TI Contribution as set forth in Exhibit “B” hereof. The Excess TI Contribution (as defined in Exhibit “B”) shall be paid by Tenant shall construct Tenant's Work to Landlord in substantial compliance accordance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipmentterms set forth on Exhibit “B”.

Construction of Leasehold Improvements. Tenant The Landlord shall, prior to the Commencement Date, construct the Building. In addition, prior to the Commencement Date, Landlord shall perform -------------------------------------- Tenant's Work with general contractor(s), construction manager(s), subcontractors and engineers of its choice, subject to improve the Premises as set forth in Exhibit "B" (Landlord's approval, not to be unreasonably withheld, delayed or conditionedWork). TenantThe Landlord's Work shall include consist of improvements to the installation Premises to the limit of special Building systems includingthe Landlord's Cost Limit (hereafter defined) based upon plans and specifications mutually agreed upon by Landlord and Tenant, pursuant to which the Premises shall be improved between the unfinished floor slab surface and the interior roof surface which improvements shall include, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to wall surfaces defining the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all confines of the Premises, showing wall partitions within the location of doorsPremises, partitionsmechanical systems, plumbing systems and fixtures, electrical systems, lighting systems and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant thereforcomponents, and floor coverings, and which improvements shall exclude, without limitation, movable furnishings and decorative items. Landlord shall pay for the actual costs of the Landlord's Work for the construction of the Premises to the cumulative limit of $20 per square foot of the Premises, plus fees for the architect's services for the initial space plan and one revision based upon comments from Tenant and construction documents (collectively, as computed, the "Landlord's Cost Limit"). Not later than five (5) days after written demand from Landlord to Tenant with a detailed statement showing amounts totaling the Landlord's Cost Limit and costs exceeding the Landlord's Cost Limit, Tenant shall pay to the order of Landlord that portion of the Landlord's work and the amount of architect's fees and the cost of construction documents which exceeds the Landlord's Cost Limit. Notwithstanding anything herein to the contrary, in the event Landlord's budget for the Landlord's Work confirms, in advance of construction, that the Landlord's Work shall exceed the Landlord's Cost Limit, Tenant shall deposit with Landlord, prior to the commencement of construction, the amount of such difference, which Landlord shall apply to the cost of the Landlord's Work prior to the disbursement of any of Landlord's funds therefore. Any improvements to the Premises other than those set forth in Exhibit "B" shall be constructed by the Landlord at the sole cost and expense of the Tenant ("Tenant's Work"). No later than seventy-five (75) business days after the execution of this Lease by the Tenant: (i) Tenant shall furnish Landlord with a Preliminary Space Plan for the Premises, in form acceptable to Landlord, drawn to a scale of one-eighth inch (1/8") equals one (1) food, or (ii) any internal Landlord and Tenant, or external communications or special utility facilities which will require conduiting or other improvements within common areastheir representatives, all in such form and in such detail as may be reasonably required by Landlordshall meet for the purpose of preparing a Preliminary Space Plan for the Premises. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within Within ten (10) business days after from Landlord's receipt thereofof the Preliminary Space Plan, Landlord shall be deemed prepare and furnish to have given its consent theretoTenant an estimated cost of construction of Landlord's Work and, if applicable, Tenant's Work, including in the estimate separate entries for labor and material. No later than five (5) business days after submission of Landlord's estimate of construction costs to Tenant, as set forth above, Tenant shall cause either agree to the Final Plans estimate and authorize Landlord to comply proceed with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects Work and engineers Tenant's Work or furnish to Landlord specific objection to the Preliminary Space Plan and/or the estimates. If Landlord and Tenant agree to Landlord's estimated construction costs and to a final Space Plan, Landlord and Tenant shall execute the form attached hereto as Exhibit "B", incorporating the agreed-upon Space Plan for the Premises, and setting forth the agreed cost of construction. If Landlord and Tenant are unable to agree upon a Space Plan or construction cost for Landlord's Work and, if applicable for Tenant's Work within thirty (30) days from the execution of this Lease by the Tenant, then Landlord shall have the right to review the Final Plansterminate this Lease upon three (3) days written notice to Tenant and, thereupon, neither Landlord nor Tenant shall be solely responsible for the design and function have any further rights or obligations under this Lease. The agreed cost of such Final Plans and Tenant shall construct construction of Tenant's Work in substantial compliance with shall be paid by Tenant to Landlord during the approved Final Plans and period of construction, pro-rata, comparing the cost of the Landlord's Work to the cost of the Tenant's Work, provided that Tenant shall pay its share to Landlord not later than five (5) business days after Landlord's requisition to Tenant therefore. Landlord shall endeavor to cause its contractors contain the cost of the Landlord's Work within the Landlord's cost Limit. The construction plans for the Building, which shall be prepared by Xxxxxx and Xxxxx Architects of Orlando, Florida, shall, when completed, be initialed as approved by Landlord and Tenant before construction of the Building commences. Tenant shall fully and diligently cooperate with Landlord in regard to complete all such work with good quality workmanship using only new materials the approvals and equipmentprocess required to accomplish the Landlord's Work and, if applicable, the Tenant's Work.

Construction of Leasehold Improvements. Any improvements to the Premises shall be constructed by the Landlord at the sole cost and expense of the Tenant (Tenant's Work) no later than (5) working days after the execution of this Lease by the Tenant: (i) Tenant shall perform -------------------------------------- furnish Landlord with a preliminary Space Plan for the Premises, in form acceptable to Landlord's Space Planner drawn to a scale of one-quarter inch (1/4") equals one (1) foot, or (ii) Landlord and Tenant, or their representative, shall meet together with Landlord's Space Planner for the purpose of preparing a preliminary Space Plan for the Premises. Within ten (10) working days from Landlord's receipt of the preliminary Space Plan, Landlord shall prepare and furnish to Tenant an estimated cost of construction of Tenant's work, including in the estimate separate entries for labor, material and a supervisory fee in the amount of ten per cent (10%) of labor and material. No later than five (5) working days after submission of Landlord's estimate of construction cost to Tenant, as set forth above, Tenant shall either agree to the estimate and authorize Landlord to proceed with the Work or furnish to Landlord specific objections to the cost for Tenant's Work with general contractor(s)and to a final Space Plan, Landlord and Tenant shall execute an Addendum to this Lease, in the form attached hereto as Exhibit "D" incorporating into the Addendum the agreed-upon Space Plan for the Premises, and setting forth the agreed cost of construction. If Landlord and Tenant are unable to agree upon a Space Plan or construction manager(s), subcontractors and engineers of its choice, subject to Landlord's approval, not to be unreasonably withheld, delayed or conditioned. cost for Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not charge any supervisory fees with respect to Tenant's Work. Landlord's and Tenant's contractors, employees and all other designated personnel shall have unimpeded access to the Building Complex necessary for the construction thereof in accordance with the Building's Rules and Regulations, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect to furnish to Landlord, for Landlord's approval (not to be unreasonably withheld or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for (i) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired by Tenant therefor, and (ii) any internal or external communications or special utility facilities which will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereoffrom the execution of this Lease by the Tenant, then Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws (hereinafter defined). Notwithstanding the fact that Landlord's architects and engineers shall have the right to review terminate this Lease upon (3) days written notice to Tenant and, thereupon, to re-let the Final Plans, Tenant shall be solely responsible for the design and function Premises. The agreed cost of such Final Plans and Tenant shall construct construction of Tenant's Work shall be paid by Tenant to Landlord as set forth in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipmentExhibit "D" hereof.

Construction of Leasehold Improvements. A. Landlord shall construct the improvements required to ready the Leased Premises for occupancy by Tenant shall perform -------------------------------------- (the "Leasehold Improvements") in accordance with plans and specifications to be provided by Tenant (the "Plans and Specifications") at Tenant's Work with general contractor(s), construction manager(s), subcontractors expense. The Plans and engineers Specifications shall be in form and content as required by the applicable building authorities for the issuance of its choice, subject a building permit and shall otherwise be reasonably acceptable to Landlord's approval. After review and approval of the Plans and Specifications, not to be unreasonably withheld, delayed or conditioned. Tenant's Work shall include the installation of special Building systems including, without limitation, kitchens, supplemental HVAC systems and computer facilities. Landlord shall not submit to Tenant a binding cost bid with a line item breakdown of values for construction of the Leasehold Improvements (which shall/-\ include design costs and a charge any supervisory fees with respect to Tenant's Work. of twelve percent (120/o) for Landlord's Contractor's overhead, profit, and Tenant's contractorssupervision, employees and all other designated personnel line items contained in the Leasehold Improvements). If the binding cost bid is equal to or less than a sum equivalent to $25.00 per usable square foot ("Landlord's Contribution") Landlord shall have unimpeded access to obtain necessary permits and commence the Building Complex necessary for the construction thereof Leasehold Improvements in accordance with the BuildingPlans and Specifications. If the binding cost bid exceeds a sum equivalent to Landlord's Rules and RegulationsContribution, a copy of which being annexed hereto as Exhibit C. Tenant shall cause its architect within the ensuing ten (1 0) days either: (a) pay to furnish to LandlordLandlord a sum ("Tenants Contribution") that, for with the Landlord's approval Contribution, will equal the binding cost bid; or (not b) submit revised Plans and Specifications reflecting changes that will reduce specific line item values so that the total binding cost bid is reduced to be unreasonably withheld a sum equal to or delayed), complete architectural plans, drawings and specifications and complete cross- coordinated mechanical, electrical and structural working drawings for less than the Landlord's Contribution. If neither option (ia) all of the Premises, showing the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements and reflective ceiling plans desired nor (b) is exercised by Tenant thereforwithin the time period provided, and (ii) any internal or external communications or special utility facilities which Tenant will require conduiting or other improvements within common areas, all in such form and in such detail as may be reasonably required by Landlord. Such complete plans, drawings and specifications are referred to herein as the "Final Plans". If Landlord ----------- shall disapprove of any portion of the Final Plans, Landlord shall advise Tenant of its comments and proposed revisions, and its reasons therefor, as are reasonably required by Landlord. Tenant shall then submit to Landlord, for Landlord's approval, a modification or redesign of the Final Plans, incorporating the reasonable revisions or modifications required by Landlord (and such other changes as are suggested by Tenant). Tenant shall not make any changes to the Final Plans without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. In the event Landlord fails to respond to any proposed Final Plans or revisions/modifications within ten (10) business days after Landlord's receipt thereof, Landlord shall be deemed to have given its consent thereto. Tenant shall cause the Final Plans to comply with all Applicable Laws exercised option (hereinafter defineda). Notwithstanding Any delay in Tenant's payment of the fact that Tenant's Contribution when due shall entitle Landlord to (a) postpone further work on the Leasehold Improvements and charge a ten percent (IO%) increase on Tenant's Contribution (with a corresponding reduction in Landlord's architects Contribution), or (b) terminate this Lease. Tenant's Contribution shall be re-calculated and engineers shall have the right appropriate payments to review the Final Plans, or from Tenant shall be solely responsible for made upon completion of the design Leasehold Improvements based on Landlord's binding cost bid, Landlord's Contribution (based on actual usable square footage) and function of such Final Plans and Tenant shall construct any change orders requested by Tenant's Work in substantial compliance with the approved Final Plans and shall endeavor to cause its contractors to complete all such work with good quality workmanship using only new materials and equipment.