Common use of Construction of Tenant’s Improvements Clause in Contracts

Construction of Tenant’s Improvements. The Tenant’s Improvements shall be constructed in the Premises as defined and provided in the Work Letter. Landlord will use reasonable efforts to achieve Substantial Completion (as defined in the Work Letter) of the Tenant’s Improvements by the Commencement Date provided in the Basic Lease Information. If Substantial Completion of the Tenant’s Improvements is not achieved by the Commencement Date stated in the Basic Lease Information for any reason other than Tenant Delays (as defined in the Work Letter), or force majeure (as defined in Section 15.13), Tenant’s sole and exclusive remedies shall be as follows: Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One 1.2.1.1 Tenant shall be entitled to an adjustment of the Commencement Date and the Expiration Date. 1.2.1.2 If Substantial Completion of the Tenant’s Improvements does not occur on or before September 1, 2018 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure), then Tenant shall be entitled to a Rent credit equal to one (1) day of Basic Annual Rent and Additional Rent for each day from and including September 1, 2018 until the date of Substantial Completion of the Tenant’s Improvements, which credit shall be applied against the next payments of Basic Annual Rent and Additional Rent due and owing by Tenant. 1.2.1.3 If Substantial Completion of the Tenant’s Improvements does not occur on or before January 1, 2019 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure), then Tenant shall have the right to terminate this Lease by the delivery of written notice to Landlord prior to the date of Substantial Completion of the Tenant’s Improvements, time being of the essence.

Construction of Tenant’s Improvements. The After receipt of Landlord’s approval of Tenant’s Improvements shall be constructed in the Premises Approved Plans as defined required under Section 4.2, all Permits required under Section 4.3, and provided in the Work Letter. Landlord will use reasonable efforts to achieve Substantial Completion (as defined in the Work Letter) of the Tenant’s Improvements by the Commencement Date provided in the Basic waiver of its right to terminate this Lease Information. If Substantial Completion of the Tenant’s Improvements is not achieved by the Commencement Date stated in the Basic Lease Information for any reason other than Tenant Delays (as defined in the Work Letter)under Article 4, or force majeure (as defined in Section 15.13), Tenant’s sole and exclusive remedies shall be as follows: Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One 1.2.1.1 Tenant shall be entitled to an adjustment access to the Premises for the sole purpose of constructing the Commencement Improvements on the Premises in the manner required hereunder (“Delivery Date”). Tenant shall enter into a construction contract for the Improvements with licensed bondable general contractor(s), provided that Tenant shall not be required to obtain any performance or payment bonds. Promptly after the Delivery Date, Tenant shall cause said contractor(s) to commence work on the Improvements and prosecute the same diligently to completion in a good and workmanlike manner, all in strict conformance with the Approved Plans. Tenant and its contractors shall perform and complete the Improvements in a good, safe and workmanlike manner in accordance with all Governmental Requirements. The Improvements shall be undertaken in a manner which does not interfere with any other occupants of Technology Park II, and in accordance with Governmental Requirements. During the period between the Delivery Date and the Expiration date immediately preceding the Interim Rent Commencement Date. 1.2.1.2 If Substantial Completion , Tenant shall occupy the Premises in accordance with all terms, covenants and conditions of the Tenant’s Improvements does not occur on or before September 1this Lease, 2018 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure), then provided that Tenant shall be entitled under no obligation to a Rent credit equal pay rents and other charges owing hereunder, except those owing under Articles 14 and 18. Tenant shall erect or cause to one be erected construction barricades enclosing the area of such construction if necessary to comply with Governmental Requirements. In the event Tenant fails to erect governmentally required construction barricades within five (15) day of Basic Annual Rent and Additional Rent for each day days after notice from and including September 1, 2018 until the date of Substantial Completion of the Tenant’s Improvements, which credit shall be applied against the next payments of Basic Annual Rent and Additional Rent due and owing by Tenant. 1.2.1.3 If Substantial Completion of the Tenant’s Improvements does not occur on or before January 1, 2019 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure)Landlord, then Tenant Landlord shall have the right right, but not obligation, to terminate this Lease erect the same at Tenant’s cost and expense. During the period of construction of Tenant’s Work, Tenant shall not store any materials on Common Areas outside of the Premises, nor allow any debris, dust or refuse to accumulate outside the Premises, without the prior written approval of Landlord, which approval will not be unreasonably withheld. Unless expressly approved by Landlord in writing, drainage, if any, from the delivery of written notice to Landlord prior Premises shall be directed away from the Common Areas outside the Premises, Tenant shall repair, at its own expense, any damage to the date of Substantial Completion of the land in Technology Park II caused by Tenant’s Improvements, time being of the essenceconstruction activities.

Construction of Tenant’s Improvements. The After receipt of Landlord's approval of Tenant’s Improvements shall be constructed in the Premises as defined 's Approved Plans required under Section 4.3 and provided in the Work Letter. Landlord will use reasonable efforts to achieve Substantial Completion (as defined in the Work Letter) all Permits required by Section 4.4 and Tenant's waiver of the Tenant’s Improvements by the Commencement Date provided in the Basic Lease Information. If Substantial Completion of the Tenant’s Improvements is not achieved by the Commencement Date stated in the Basic Lease Information for any reason other than Tenant Delays (as defined in the Work Letter), or force majeure (as defined in Section 15.13), Tenant’s sole and exclusive remedies shall be as follows: Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One 1.2.1.1 Tenant shall be entitled to an adjustment of the Commencement Date and the Expiration Date. 1.2.1.2 If Substantial Completion of the Tenant’s Improvements does not occur on or before September 1, 2018 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure), then Tenant shall be entitled to a Rent credit equal to one (1) day of Basic Annual Rent and Additional Rent for each day from and including September 1, 2018 until the date of Substantial Completion of the Tenant’s Improvements, which credit shall be applied against the next payments of Basic Annual Rent and Additional Rent due and owing by Tenant. 1.2.1.3 If Substantial Completion of the Tenant’s Improvements does not occur on or before January 1, 2019 (as such date may be extended on a day-for-day basis for any delay caused by Tenant Delays or force majeure), then Tenant shall have the its right to terminate this Lease by under any of the delivery provisions of written notice Article 4 (the "Delivery Date"), Tenant be entitled to Landlord prior access to the date Premises for the sole purpose of Substantial Completion constructing the Improvements on the Premises in the manner required hereunder. Notwithstanding Tenant's failure to expressly waive its rights under Article 4, commencement of construction of the Improvements shall be deemed a waiver of Tenant’s Improvements, time being 's right to terminate this Lease under any of the essenceprovisions of Article 4. Tenant shall enter into construction contracts for the Improvements with licensed bondable general contractors or contractor, provided that Tenant shall not be required to obtain any performance or payment bonds. Promptly after the Delivery Date, Tenant shall cause said contractors to commence the Improvements and prosecute the same diligently to completion in a good and workmanlike manner, all in strict conformance with Approved Plans. Tenant and its contractors shall perform and complete the Improvements in a good, safe and workmanlike manner in accordance with all applicable laws, building codes, zoning ordinances and other rules and regulations of all federal, State, county and municipal governmental and public authorities and agencies having jurisdiction (herein collectively "Governmental Requirements"). The Improvements shall be undertaken in a manner which does not interfere with other occupants of the Shopping Center, and in accordance with applicable laws, regulations, ordinances and requirements of governmental authorities and board of fire underwriters having jurisdiction. During the period between the Delivery Date through the date immediately preceding the Rental Commencement Date, Tenant shall occupy the Premises in accordance with all terms, covenants and conditions of this Lease, provided that Tenant shall be under no obligation to pay rents and other charges owing hereunder, except those owing under Article 19. Tenant shall erect or cause to be erected construction barricades enclosing the area of such construction if the same is necessary to comply with Governmental Requirements. In the event Tenant fails to erect such construction barricades within five (5) days after notice from Landlord, then, if necessary to comply with Governmental Requirements, Landlord shall have the right, but not obligation, to erect the same at Tenant's cost and expense. Tenant shall not store any materials on Common Areas outside of the Premises, nor allow any debris, dust or refuse to accumulate outside the Premises. Unless expressly approved by Landlord in writing, drainage from the Premises shall be directed away from the Common Areas of the Shopping Center outside the Premises. Tenant shall repair at its expense any damage to the Shopping Center property caused by Tenant's construction activities.