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

Construction of Tenant’s Work. Promptly following the issuance of all governmental approvals of Tenant's Work required for Tenant to commence the same, Tenant shall commence Tenant's Work and shall thereafter diligently pursue Tenant's Work to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction of Tenant's Work and all applicable provisions of the Lease. In performing Tenant's Work, Tenant, its Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlord. In no event shall there be any construction traffic relating to the performance of Tenant's Work through the ground floor lobby of the Building. All Tenant's Work shall comply with all rules and regulations adopted by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupants, including but not limited to rules and regulations regulating the usage of the Building elevators and loading docks, the usage of staging areas outside of the Premises and the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply with all directions of Landlord's construction manager. Within three (3) business days following Substantial Completion of Tenant's Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicable.

Construction of Tenant’s Work. Promptly following Tenant or Tenant’s CM shall cause Tenant’s Architect and engineer(s) designated by Tenant or Tenant’s CM and approved by Landlord, with such approval not to be unreasonably withheld, conditioned or delayed, to prepare construction drawings and specifications (the issuance “Construction Drawings”) for Tenant’s Work, based strictly on the Space Plans, and shall cause Tenant’s Work to be constructed in the Premises by Tenant’s Contractor in accordance with the Construction Drawings. Prior to the commencement of any construction, Landlord shall be given an opportunity to review the Construction Drawings to confirm that they conform to the Space Plans, and to approve the same. Landlord may withhold approval of the Construction Drawings if the proposed Tenant’s Work as reflected in the Construction Drawings (a) does not conform to the Space Plans, (b) would adversely affect the Building structure and/or systems (including, without limitation, HVAC, mechanical, electrical and plumbing), (c) does not comply with Applicable Laws, (d) would affect the exterior appearance of the Building (other than the Backup Generator permitted under the Lease), or (e) would unreasonably interfere with the normal and customary business operations of other tenants in the Building or Building Complex (each, a “Design Problem”). In the event of any Design Problem reflected by the Construction Drawings, Landlord shall provide written notice of the same to Tenant within five business days after receipt. Tenant shall then have seven business days to provide Landlord with revised Construction Drawings reflecting a cure of the Design Problem. This process shall be repeated until such Construction Drawings are approved by Landlord. If Landlord fails to timely object to the Construction Drawings (or any subsequent revisions), Tenant may give Landlord notice of such failure (“Failure to Respond Notice”), and if Landlord still fails to respond within three business days after such Failure to Respond Notice, Landlord will be deemed to have approved the same. Any Failure to Respond Notice sent pursuant to this EXHIBIT C must be entitled “LANDLORD FAILURE TO RESPOND NOTICE” in all governmental approvals capital letters and in 18-point bold type, and must specifically state the fact that if Landlord fails to respond within the additional 3-business-day period, Landlord shall be deemed to have approved the referenced item. If after commencement of the construction of Tenant's ’s Work, Tenant wants to change the Construction Drawings or scope of Tenant’s Work required for Tenant to commence the samein any material respect, Tenant shall commence notify Landlord and provide information about the proposed change. Within five business days after receipt of that notification, Landlord shall provide any comments it may have on the proposed change to Tenant's Work and shall thereafter diligently pursue Tenant's Work to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction of Tenant's Work and all applicable provisions If any element of the Leaseproposed change reflects a Design Problem, Landlord shall inform Tenant of the same and thereafter Landlord and Tenant shall work together diligently and in good faith to agree upon modifications to the Construction Drawings that will cure such Design Problem. In performing Tenant's WorkAll work performed in the Premises (including, without limitation, Tenant, its Contractor and all subcontractors ’s Work) by or at the request of Tenant shall access the Building and Premises from the doors and entrances designated by Landlord. In no event shall there be any construction traffic relating to the performance of Tenant's Work through the ground floor lobby of the Building. All Tenant's Work shall comply constructed in accordance with all rules and regulations adopted by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupants, including but not limited to rules and regulations regulating the usage of the Building elevators and loading docks, the usage of staging areas outside of the Premises and the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply with all directions of Landlord's construction manager. Within three (3) business days following Substantial Completion of Tenant's Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicableApplicable Laws.

Construction of Tenant’s Work. Promptly following Along with Tenant’s submission of the issuance detailed construction and work drawings set forth in Section 3.B.1, Tenant will, at Tenant’s sole cost and expense, submit to Landlord for Landlord’s written approval, a detailed list of all governmental approvals the work to be performed by Tenant to the Premises. The detailed list finally approved by Landlord is herein called “Tenant’s Work”. Landlord agrees and understands that all Tenant Work must be done in compliance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. To the extent that such statutory compliance affects Article 3 compliance, the provisions of this Article 3 are deemed modified. Prior to the advertisement of the work for construction bids, Tenant will submit a copy of the bid specification to Landlord’s consultant at the National Park Service Guidelines and State Historic Preservation Office (“Landlord’s Consultant”) to ensure compliance with the National Park Service Guidelines and State Historic Preservation Office requirements, and Tenant will revise the bid specification in accordance with any revisions which Landlord’s Consultant may require. Tenant will, at its sole cost and expense, perform all of the work required to be performed by Tenant pursuant to the terms and conditions of Tenant's ’s Work required for Tenant to commence the samein a good and workmanlike manner by contractors approved by Landlord, Tenant shall commence Tenant's Work employing materials of good quality, and shall thereafter diligently pursue Tenant's Work to completion. Tenant's Work shall substantially comply in compliance with the Approved Final Plans, Plans and in compliance with all applicable permits and authorizations and building and zoning laws and with all other applicable laws, ordinances, orders, rules, regulations and requirements for of all governmental authorities having jurisdiction federal, state, county and municipal governments, departments, commissions, boards and offices, and in compliance with the terms and conditions of this Lease. Tenant will promptly commence Tenant's ’s Work and all applicable provisions diligently pursue the same to completion so as to open the Premises for business to the public on or before the Required Opening Date. All such construction work by Tenant’s contractors and/or subcontractors will be coordinated with Landlord in a manner reasonably approved by Landlord such that: (i) the same will not cause any labor unrest or delay with any of Landlord’s contractors or subcontractors; (ii) will not interfere with the Lease. In performing Tenant's Work, Tenant, its Contractor and all subcontractors shall access completion of any work to be performed in the Building and Premises from or the doors and entrances designated Project by Landlord. In no event shall there be any construction traffic relating to ; and (iii) will not interfere with the performance transaction of Tenant's Work through the ground floor lobby of the Building. All Tenant's Work shall comply with all rules and regulations adopted by Landlord for the safety of persons and property business in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupants, including but not limited to rules and regulations regulating the usage of the Building elevators and loading docks, the usage of staging areas outside of the Premises and the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply with all directions of Landlord's construction manager. Within three (3) business days following Substantial Completion of Tenant's Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicable.

Construction of Tenant’s Work. Promptly following After the issuance of all governmental approvals of Tl Plans have been approved by Landlord, Tenant's Work required for Tenant to commence , and the samelocal governing agencies, Tenant shall commence enter into a construction contract with Tenant's Work ’s Contractor or another contractor approved by Landlord (either of which shall be referred to as “Tenant’s Contractor” for purposes of this Section 6)-which contract must include a provision for compliance with Landlord’s rules and regulations as set forth herein--and Tenant shall thereafter diligently pursue Tenant's Work provide Landlord with a copy of such contract prior to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction commencement of Tenant's Work and all applicable provisions of the Lease. In performing Tenant's ’s Work, Tenant, its Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlordalong with a $250.00 non-refundable sprinkler system shut down fee. In no event shall there Tenant be any construction traffic permitted access to the Expansion Premises to perform Tenant’s Work prior to tendering the sprinkler system shut down fee to Landlord and providing all information requested by Landlord relating to the performance of Tenant's Work through the ground floor lobby of the Building’s Work. All Tenant's Work shall Failure by Tenant to comply with all Landlord’s rules and regulations adopted regulations, tender the sprinkler system shut down fee and/or to provide any information requested by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupantsLandlord, including but not limited to rules evidence of Tenant’s and regulations regulating the usage Tenant’s Contractor’s compliance with all of the Building elevators insurance requirements hereof, will constitute grounds for Landlord denying Tenant access to the Expansion Premises. Tenant shall perform no Tenant’s Work except through Tenant’s Contractor and loading docksin strict accordance with this Work Letter. In no event shall Tenant be permitted to perform Tenant’s Work prior to providing all information reasonably requested by Landlord relating to Tenant’s Work. Failure by Tenant to provide any information reasonably requested by Landlord in writing, the usage including but not limited to evidence of staging areas outside Tenant’s and Tenant’s Contractor’s compliance with all of the insurance requirements hereof, shall constitute a default under the Lease in the event Tenant proceeds with Tenant’s Work after receiving Landlord’s written request. Violations of Landlord’s rules, regulations, and requirements as set forth herein or as otherwise established by Landlord shall constitute a default under the Lease if not corrected by Tenant and/or Tenant’s Contractor within twenty-four (24) hours of written notice by Landlord to Tenant. Landlord shall have the right to post a notice of non-responsibility at a prominent location within Tenant’s Expansion Premises. Notwithstanding anything to the contrary contained herein and upon the consent of Landlord, provided Tenant has complied with all of the provisions of this Paragraph, Landlord agrees to allow Tenant’s Contractor (and subcontractors) early access to the Expansion Premises for purposes of coordinating Tenant’s Work and commencing long lead time items or items which must be installed prior to completion of Landlord’s Work in order to avoid unnecessary cost or expense. Any such work will be subject to all of the provisions of this Work Letter including, specifically, and without limitation, this Paragraph (and the subparagraphs hereof) and Paragraph 7, below. It shall be the responsibility of Tenant to enforce the following requirements of Tenant’s Contractor, and all subcontractors of Tenant’s Contractor, at every level: 6.1 Tenant’s Contractor and its employees, agents or subcontractors shall, at all times during construction of the Expansion Premises, wear appropriate protective outerwear, including but not limited to, hard hats, long pants, and work boots. 6.2 Tenant’s Contractor shall perform Tenant’s Work in a manner and at times that do not impede or delay Landlord’s contractor(s). Any delays in the completion of work by the Landlord or Landlord’s contractor(s), or the commencement of the annual rental and any damage to any work caused by Tenant’s Contractor shall be at the sole cost and expense of Tenant. 6.3 The windows to the Expansion Premises shall be blacked out with GlassMask. Furthermore, Tenant’s Contractor shall provide security for the Expansion Premises and shall incur full responsibility for any loss or damage to its own equipment and materials contained in or about the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply Expansion Premises or used in connection with all directions of Landlord's construction manager. Within three (3) business days following Substantial Completion of Tenant's ’s Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicable.

Construction of Tenant’s Work. Promptly following the issuance of all governmental approvals (a) Tenant shall be responsible for construction of Tenant's Work required for Tenant ’s Work, pursuant to commence this Exhibit B. Prior to the samestart of construction, Tenant shall commence Tenant's Work prepare and shall thereafter diligently pursue Tenant's Work submit to completionLandlord a detailed schedule (“Construction Schedule”) identifying the major stages and anticipated completion dates of each phase of construction. Tenant's Work shall substantially comply with Tenant shall, during the Approved Final Planscourse of construction, all applicable requirements for all governmental authorities having jurisdiction of Tenant's Work and all applicable provisions periodically update the Construction Schedule, providing copies of the Leaseupdated schedule to Landlord. In performing Construction shall be performed under Tenant's Work’s supervision by Tenant’s contractor, Tenant, its Contractor and whose selection shall be reasonably approved by Landlord. Selection of all subcontractors shall access also be subject to Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Landlord shall not receive any management fee from Tenant associated with any of Landlord’s Work or Tenant’s Work. Tenant warrants and represents that it will receive no rebates or kickbacks from any of the subcontractors, and that such subcontractors have been specified solely because of their knowledge of the Building and Premises from the doors and entrances designated by Landlordquality of their work. In no event Tenant shall there be any construction traffic relating supervise the contractor’s work to expedite the performance completion of Tenant's ’s Work through and to assure their construction in conformity with the ground floor lobby approved plans and specifications. (b) Landlord shall be permitted, during the course of construction, to inspect the progress of the Building. All work at its own cost and expense and, upon written notice to Tenant's Work , to cause Tenant to repair any material defects or deficiencies. (c) Landlord shall comply have no contractual relationship with all rules Tenant’s contractor or any subcontractors. (d) Tenant and regulations adopted by Landlord for the safety Tenant’s contractor shall coordinate with Landlord’s property manager regarding delivery and storage of persons and property in and about building materials, so as to minimize disruption of the Project’s other tenants. (e) Tenant shall notify Landlord upon substantial completion of Tenant’s Work, for whereupon the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupants, including but not limited to rules and regulations regulating the usage of the Building elevators and loading docks, the usage of staging areas outside of parties shall jointly inspect the Premises and the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply with all directions prepare a punch list of Landlord's construction manager. Within three (3) business days following Substantial Completion of Tenant's Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items corrective action to be completed, corrected or replacedtaken by Tenant. Within twenty Tenant shall use reasonable efforts to complete the punch list within sixty (2060) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicablethe joint inspection.

Construction of Tenant’s Work. Promptly following Prior to the issuance commencement of the TENANT’s Work, TENANT shall deliver to LANDLORD a copy of its executed construction contract with its contractor for the construction of the TENANT’s Work; certificates of the insurance required to be obtained by TENANT hereunder, and a copy of the building permit and all governmental approvals Approvals. TENANT shall cause the TENANT’s Work to be constructed in accordance with the TENANT’s plans and specifications previously submitted to and approved by LANDLORD. TENANT expressly acknowledges that TENANT shall be responsible for providing, at TENANT’s sole cost and expense, security service to the Premises during the course of Tenant's the TENANT’s Work. All work to be performed by TENANT shall be performed by a contractor selected by TENANT, and approved by LANDLORD in its reasonable discretion ("TENANT’s Contractor"). All work on the TENANT’s Work required for Tenant by TENANT shall be done in a first-class, good and workmanlike manner. TENANT’s Work shall not unreasonably interfere with the performance of construction or other work by LANDLORD or any other tenant of the building where the Premises are located ("Building"), or unreasonably impede vehicular or pedestrian ingress or egress to commence or from the sameBuilding or any part thereof. LANDLORD acknowledges that LANDLORD shall not require TENANT, Tenant shall commence Tenant's Work nor the TENANT'S Contractor or any subcontractors of the TENANT Contractor, to be obligated to use union or other labor subject to any collective bargaining agreement. From and after TENANTS commencement of construction of the TENANTS Work, when and as set forth above, TENANT shall thereafter diligently pursue Tenant's Work prosecute such construction to completion. Tenant's Work After LANDLORD'S approval of the TENANT'S plans and specifications, no material change shall substantially comply be made therein except with the Approved Final prior written consent of LANDLORD, which consent shall not be unreasonably withheld or delayed. LANDLORD'S consent shall not be required in connection with any change which does not change the exterior of the Premises, any change which does not constitute a material change to the architectural or design concept of the interior of the Premises, or any other change which does not affect the structure or any mechanical or utility systems serving the Premises and which does not cost in excess of $500 per change or $5,000 in the aggregate. TENANT’s construction may vary from the requirements of the TENANTS Plans if the variances are required by the building permit or applicable legal requirements. TENANT shall complete construction of the TENANTS Work in substantial accordance with the TENANTS Plans and open for business to the public not later than the Commencement Date ("Completion Date"). The term "substantially completed", when used in connection with the term "TENANT'S Work", shall mean that the TENANTS Architect shall have certified to LANDLORD that TENANTS Work has been constructed in substantial accordance with the approved TENANTS Plans, all applicable requirements and an unconditional certificate of occupancy, or an occupational license, whichever is applicable, has been issued for all governmental authorities having jurisdiction the Permitted Use of Tenant's the Premises. TENANT may not commence its Permitted Use of the Premises until it has received said unconditional certificate of occupancy or occupational license. Within 5 days after Completion Date, TENANT shall deliver to LANDLORD the following: (i) an affidavit made by an executive officer of TENANT on behalf of TENANT stating that the TENANT'S Work has been substantially completed in compliance with the terms and all applicable provisions of this Lease and the Lease. In plans and specifications approved by LANDLORD, and that no financing statements or other instruments creating security interests under the Uniform Commercial Code are outstanding or have been filed, it being intended that any such affidavit may be relied upon by LANDLORD and that any inaccuracy therein shall be and be deemed to be a default hereunder unless the condition which rendered such statement untrue is cured in a manner which renders such statement true, after ten day's notice and opportunity to cure; (ii) an affidavit of TENANT'S Contractor performing Tenant's WorkTENANT'S Work stating that all subcontractors, Tenant, its laborers and materialmen who have performed work on or furnished material to the Premises (whose names and addresses shall be recited in the affidavit) have been paid in full and that all liens therefore that have been or might be filed have been discharged of record or waived or bonded; (iii) executed full and final releases and waivers of lien with respect to the Premises from TENANT'S Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlord. In no event shall there be any construction traffic relating materialmen who have performed work on or furnished material to the performance Leased Premises, acceptable to LANDLORD in form and content; (iv) all certificates and approvals with respect to the work performed by TENANT or on TENANT'S behalf that may be required by any governmental authorities as a condition for the issuance to LANDLORD or TENANT of Tenant's Work through any occupancy certificate for the ground floor lobby Premises, together with a copy of any occupancy certificate or occupational license issued by the Buildingproper governmental authority for the Premises, which occupancy certificate shall be obtained by TENANT at its cost and expense; and (v) a set of "as-built" plans. All Tenant's TENANT covenants that the TENANT’S Work shall comply with all rules applicable governmental regulations, codes and regulations adopted by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness ordinances of the Project City of Pompano Beach, Broward County and for the preservation State of Florida, the normal operations United States of America and all other governmental agencies having jurisdiction over the Project and its occupantsBuilding, including but not limited to rules and regulations regulating the usage of the Building elevators and loading dockswithout limitation, the usage of staging areas outside of Americans with Disabilities Act. LANDLORD reserves the right, at all reasonable times upon reasonable written notice to TENANT, to enter the Premises and inspect TENANT'S Work in progress for the hours during which operations involving noisepurpose of verifying conformity of TENANT'S Work with the approved TENANT'S Plans, dust provided that any such entrance and odors may inspection shall be performedaccomplished in such manner as to not unreasonably interfere with or delay TENANTS construction of the TENANT'S Work. Will respect to all such matters, Tenant and its Contractor The TENANTS Work shall comply with all directions of Landlord's construction managerthe reasonable terms and provisions of any insurance policy covering or applicable to the Premises and with the reasonable requirements of any national or local Board of Fire Underwriters (or any other insurance body exercising similar functions) having jurisdiction as to the Premises. Within three (3) business days following Substantial Completion LANDLORD shall have no liability with respect to TENANTS materials or equipment stored in the Premises, except for the intentional acts of Tenant's WorkLANDLORD, Tenant's Contractor its agents, contractors or employees. LANDLORD shall have no responsibility or liability for any loss or damage to any fixtures, equipment or personal property of any kind installed or left in the Premises, and Landlord's construction manager shall conduct a walk-through TENANTS entry on and occupancy of the Premises prior to commencement of the Term shall be governed by and compile subject to all provisions, terms, covenants, agreements and conditions of this Lease and TENANT shall be responsible for the payment of utility charges from and after the date of this Lease. TENANT shall reasonably perform and cause TENANTS contractor and subcontractors to reasonably perform TENANT'S Work in a manner so as not to damage the Building, nor interfere with or hinder other tenants in the conduct of their business, and so as not to damage, or unreasonably delay or interfere with the prosecution or completion of any work being performed by LANDLORD or its contractors in the Premises or in or about any other portion of the Building, and shall comply with all reasonable construction procedures and regulations hereafter prescribed by LANDLORD in its reasonable business judgment. If TENANT fails to comply with its obligations set forth in the preceding sentence, within 10 days after notice from LANDLORD to comply, LANDLORD, in its reasonable discretion, shall have the right to give written notice to TENANT to suspend any construction work at any time being performed by or on behalf of TENANT in the Premises. Upon receipt of such notification from LANDLORD to TENANT to cease any such work, as aforesaid, TENANT shall, if requested by LANDLORD, forthwith remove from the Premises all agents, employees and contractors of TENANT performing such work until such time as LANDLORD shall have given its consent for the resumption of such construction work and TENANT shall have no claim for damage of any nature whatsoever against LANDLORD in connection therewith, nor shall TENANT be entitled to any reduction or abatement of Rent or any other charges due under this Lease. Prior to the commencement of the TENANTS Work and until the last to occur of (a) the completion of the TENANTS Work, or (b) the Commencement Date, TENANT shall maintain, or cause to be maintained insurance in builder's risk or similar form, naming LANDLORD and any mortgagee of LANDLORD'S interest in the Building (herein called a "punchMortgagee") as an additional insured as its interests may appear, against loss or damage by fire, vandalism and malicious mischief and such other risks as are customarily covered by the so-list" called extended coverage endorsement, covering all of items the TENANTS Work, and ail materials stored at the site of the TENANTS Work, in the full insurable value thereof by a reputable insurance company licensed to be completeddo business in the State of Florida, corrected or replacedall in accordance with paragraph 5(C)(2) of this Lease. Within twenty In addition, TENANT agrees to require the TENANTS Contractor and all other contractors and subcontractors engaged in the performance of the TENANTS Work to effect and maintain and deliver to TENANT and LANDLORD certificates evidencing the existence of, prior to the commencement of the TENANTS Work and until completion thereof the following insurance coverages: (20a) Worker's Compensation Insurance - in accordance with the laws of the State of Florida, in amounts required by law. (b) Comprehensive General Liability Insurance naming TENANT and LANDLORD as additional insureds, with combined limits per person and per occurrence as reasonably required by LANDLORD. Fire and extended coverage insurance, with fire and water damage legal liability coverages as reasonably required by LANDLORD. All such insurance shall provide, and certificates thereof shall state, that the same is non-cancelable and non-amendable without at least thirty (30) days after such walk-through, Tenant shall cause all matters on such punch-list prior written notice to be completed, corrected or replaced as applicableLANDLORD.

Construction of Tenant’s Work. Promptly following After the issuance of all governmental approvals of Plans for the Tenant's ’s Work required for Tenant to commence have been approved by Landlord, Tenant, and the samelocal governing agencies, Tenant shall commence enter into a separate construction contract with Landlord’s Contractor (or such other contractor designated by Tenant and reasonably approved by Landlord)—hereinafter “Tenant's Work ’s Contractor”– which shall include a provision for compliance with Landlord’s rules and regulations as set forth herein, and Tenant shall thereafter diligently pursue Tenant's Work provide Landlord with a copy of such contract prior to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction commencement of Tenant's ’s Work. Tenant shall perform no Alterations or Tenant’s Work and all applicable provisions of the Lease. In performing except through Tenant's Work, Tenant, its ’s Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlordin strict accordance with this Work Letter. In no event shall there Tenant be any construction traffic permitted to perform Tenant’s Work prior to providing all information reasonably requested by Landlord relating to the performance of Tenant's Work through the ground floor lobby of the Building’s Work. All Tenant's Work shall comply with all rules and regulations adopted Failure by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupantsTenant to provide any information reasonably requested by Landlord, including but not limited to rules evidence of Tenant’s and regulations regulating the usage Tenant’s Contractor’s compliance with all of the Building elevators insurance requirements hereof, shall constitute a default under this Lease in the event Tenant proceeds with Tenant’s Work. Violations of Landlord’s rules, regulations, and loading docksrequirements as set forth herein or as otherwise established by Landlord shall constitute a default under this Lease if not corrected by Tenant and/or Tenant’s Contractor within 24 hours of notice, either written or oral, by Landlord to Tenant. Landlord shall have the usage right to post a notice of staging areas outside non-responsibility at a prominent location within Tenant’s Premises. Notwithstanding anything to the contrary contained herein, provided Tenant has complied with all of the provisions of this Paragraph, Landlord agrees to allow Tenant’s Contractor (and subcontractors) early access to the Premises for purposes of coordinating Tenant’s Work and commencing long lead time items or items which must be installed prior to completion of Landlord’s Work in order to avoid unnecessary cost or expense. Any such work will be subject to all of the provisions of this Work Letter including, specifically, and without limitation, this Paragraph (and the hours during which operations involving noisesubparagraphs hereof) and Paragraph 11, dust and odors may below. It shall be performed. Will respect the responsibility of Tenant to all such matters, Tenant and its Contractor shall comply with all directions of Landlord's construction manager. Within three (3) business days enforce the following Substantial Completion requirements of Tenant's Work’s Contractor, and all subcontractors of Tenant's Contractor and Landlord's construction manager shall conduct a walk-through of the Premises and compile a "punch-list" of items to be completed’s Contractor, corrected or replaced. Within twenty (20) days after such walk-through, Tenant shall cause all matters on such punch-list to be completed, corrected or replaced as applicable.at every level:

Construction of Tenant’s Work. Promptly following After the issuance of all governmental approvals of Tenant Plans for Tenant's ’s Work required for Tenant to commence have been approved by Landlord, Tenant, and the samelocal governing agencies, Tenant shall commence enter into a construction contract with Tenant's Work ’s Contractor or another contractor approved by Landlord (either of which shall be referred to as “Tenant’s Contractor” for purposes of this Section 8—which contract must include a provision for compliance with Landlord’s rules and regulations as set forth herein — and Tenant shall thereafter diligently pursue Tenant's Work provide Landlord with a copy of such contract prior to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction commencement of Tenant's ’s Work. Tenant shall perform no Tenant’s Work and all applicable provisions of the Lease. In performing except through Tenant's Work, Tenant, its ’s Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlordin strict accordance with this Work Letter. In no event shall there Tenant be any construction traffic permitted to perform Tenant’s Work prior to providing all information reasonably requested by Landlord relating to the performance of Tenant's Work through the ground floor lobby of the Building’s Work. All Tenant's Work shall comply with all rules and regulations adopted Failure by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupantsTenant to provide any information reasonably requested by Landlord, including but not limited to rules evidence of Tenant’s and regulations regulating the usage Tenant’s Contractor’s compliance with all of the Building elevators insurance requirements hereof, shall constitute a default under this Lease in the event Tenant proceeds with Tenant’s Work. Violations of Landlord’s rules, regulations, and loading docksrequirements as set forth herein or as otherwise established by Landlord shall constitute a default under this Lease if not corrected by Tenant and/or Tenant’s Contractor within twenty-four (24) hours of notice, either written or oral, by Landlord to Tenant. Landlord shall have the usage right to post a notice of staging areas non-responsibility at a prominent location within Tenant’s Premises. Notwithstanding anything to the contrary contained herein and upon the consent of Landlord, provided Tenant has complied with all of the provisions of this Paragraph, Landlord agrees to allow Tenant’s Contractor (and subcontractors) early access to the Premises for purposes of coordinating Tenant’s Work and commencing long lead time items or items which must be installed prior to completion of Landlord’s Work in order to avoid unnecessary cost or expense. Any such work will be subject to all of the provisions of this Work Letter including, specifically, and without limitation, this Paragraph (and the subparagraphs hereof) and Paragraph 8, below. It shall be the responsibility of Tenant to enforce the following requirements of Tenant’s Contractor, and all subcontractors of Tenant’s Contractor, at every level: 8.1. Tenant’s Contractor shall perform Tenant’s Work in a manner and at times that do not impede or delay Landlord’s Contractor. Any delays in the completion of work by the Landlord or Landlord’s Contractor, or the commencement of the annual rental and any damage to any work caused by Tenant’s Contractor shall be at the sole cost and expense of Tenant. 8.2. Tenant’s Contractor shall be responsible for the repair, replacement, and clean-up of any damage by him to other contractors’ work, specifically including but not limited to access ways to the Premises that may be concurrently used by others. Fire lanes, sidewalks, hallways, and access to other tenants’ suites may not be blocked or obstructed at any time. 8.3. Tenant’s Contractor shall contain his storage of materials and his operations within the Premises and such other space as he may be assigned by Landlord. Should he be assigned space outside of the Premises, he shall move to such other space as Landlord shall reasonably direct from time to time to avoid interference or delays with other work. Tenant’s Contractor shall park construction vehicles in areas reasonably designated by Landlord. 8.4. All trash and surplus construction materials shall be stored within the Premises and shall be promptly removed from the hours during which operations involving noise, dust and odors may be performedPremises. Will respect to all such matters, Tenant and its Tenant’s Contractor shall comply with all directions not use common area trash enclosures or waste bins for disposal of Landlord's trash or surplus construction managermaterial. 8.5. Within For any work reasonably anticipated to last for more than three (3) business days following Substantial Completion days, Tenant’s Contractor shall provide temporary utilities, portable toilet facilities and portable drinking water as required for its work within the Premises. 8.6. Noise shall be kept to a minimum at all times, and shall not be permitted to materially or unreasonably interfere with the conduct of other tenants’ business, or the general operation of the Project. Tenant’s Contractor shall notify, and obtain approval from, Landlord’s Representative of any planned work to be done on weekends or other than normal job hours. 8.7. Tenant and Tenant’s Contractor are responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction as far as the performance of Tenant's ’s Work is concerned and for all applicable safety regulations established by the Landlord, OSHA, Cal-OSHA or other regulatory agencies, and Tenant further agrees to indemnify, defend, and hold harmless Landlord, Landlord’s affiliates, and each of their respective officers, directors, agents and employees from and against any and all actions, claims, costs, demands, expenses, and liabilities directly or indirectly arising out of or relating to Tenant’s Work, Tenant's Contractor and Landlord's construction manager shall conduct a walk-through . Prior to commencement of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-throughconstruction, Tenant shall cause all matters on such punch-list submit to be completedLandlord evidence of insurance as required by this Lease (including, corrected or replaced as if applicable, course of construction coverage) and evidence of insurance for Tenant’s Contractor reasonably satisfactory to Landlord.

Construction of Tenant’s Work. Promptly following After the issuance Plans for the Tenant's Work have been approved by Landlord, Tenant, and the local governing agencies, Tenant shall enter into a construction contract with Tenant's Contractor (or another contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed)—which contract must include a provision for compliance with Landlord's rules and regulations as set forth herein—and Tenant shall provide Landlord with a copy of all governmental approvals such contract prior to the commencement of Tenant's Work required for Tenant to commence the same, Work. Tenant shall commence perform no Alterations or Tenant's Work and shall thereafter diligently pursue except through Tenant's Work to completion. Tenant's Work shall substantially comply with the Approved Final Plans, all applicable requirements for all governmental authorities having jurisdiction of Tenant's Work and all applicable provisions of the Lease. In performing Tenant's Work, Tenant, its Contractor and all subcontractors shall access the Building and Premises from the doors and entrances designated by Landlordin strict accordance with this Work Letter. In no event shall there Tenant be any construction traffic relating permitted to the performance of perform Tenant's Work through the ground floor lobby of the Building. All or Alterations prior to providing all information reasonably requested by Landlord in writing relating to Tenant's Work shall comply with all rules and regulations adopted or the Alterations. Failure by Tenant to provide any such information reasonably requested by Landlord for the safety of persons and property in and about the Project, for the care and cleanliness of the Project and for the preservation of the normal operations of the Project and its occupantswriting, including but not limited to rules evidence of Tenant's and regulations regulating the usage Tenant's Contractor's compliance with all of the Building elevators insurance requirements hereof, shall constitute a default under this Lease in the event Tenant proceeds with Tenant's Work or such Alterations, and loading docks, the usage if such default remains uncured for a period of staging areas outside of the Premises and the hours during which operations involving noise, dust and odors may be performed. Will respect to all such matters, Tenant and its Contractor shall comply with all directions of Landlord's construction manager. Within three (3) business days following Substantial Completion delivery to Tenant of written notice from Landlord (whether by ceasing Tenant's Work, as applicable, providing such requested information or otherwise), then such default will constitute an Event of Default under the Lease which will not require any further notice or cure period. Violations of Landlord's reasonable rules, regulations, and requirements as set forth herein or as otherwise established by Landlord shall constitute a default under this Lease if not corrected by Tenant and/or Tenant's Contractor within 48 hours of written notice by Landlord to Tenant, and if such default is not cured within such 48 hour period and thereafter continues uncured for a period of three business days following delivery to Tenant of an additional written notice from Landlord, then such failure will constitute an Event of Default under the Lease which will not require any further notice or cure period; provided, however, if the nature of such default is such that more than three business days are reasonably required for its cure, then an Event of Default shall not exist under the Lease if Tenant commences to cure such default within such three business day period and thereafter diligently prosecutes such cure to completion within 60 days after Landlord's written notice. Landlord shall have the right to post a notice of non-responsibility at a prominent location within Tenant's Premises. Notwithstanding anything to the contrary contained herein, provided Tenant has complied with all of the provisions of this Paragraph, Landlord agrees to allow Tenant's Contractor (and subcontractors) early access to the Premises for purposes of coordinating Tenant's Work and commencing long lead time items or items which must be installed prior to completion of Landlord's Work in order to avoid unnecessary cost or expense. Any such work will be subject to all of the provisions of this Work Letter including, specifically, and without limitation, this Paragraph (and the subparagraphs hereof) and Paragraph 12, below. It shall be the responsibility of Tenant to enforce the following requirements of Tenant's Contractor, and all subcontractors of Tenant's Contractor, at every level: 11.1. Tenant's Contractor shall perform Tenant's Work in a manner and at times that do not impede or delay Landlord's Contractor. Any damage to any work caused by Tenant's Contractor shall be repaired at the sole cost and expense of Tenant. 11.2. Tenant's Contractor shall be responsible for the repair, replacement, and clean-up of any damage by him to other contractor's work that specifically includes access ways to the Premises that may be concurrently used by others. Fire lanes, sidewalks, hallways, and access to other tenants' suites may not be blocked or obstructed at any time. 11.3. Tenant's Contractor shall contain his storage of materials and its operations within the Premises and such other space as he may be assigned by Landlord. Should he be assigned space outside of the Premises, he shall move to such other space as Landlord shall reasonably direct from time to time to avoid interference or delays with other work. Tenant's Contractor shall park construction vehicles in areas reasonably designated by Landlord. 11.4. All trash and surplus construction materials shall be stored within the Premises and shall be promptly removed from the Premises. Tenant's Contractor shall not use common area trash enclosures or waste bins for disposal of trash or surplus construction material. 11.5. Tenant's Contractor shall use only the utilities, toilet facilities, and drinking water within the Premises or shall provide temporary utilities, portable toilet facilities, and portable drinking water as required for its work within the Premises. 11.6. Noise shall be kept to a minimum at all times, and shall not be permitted to materially or unreasonably interfere with the conduct of other tenant's business, or the general operation of the Project. Tenant's Contractor shall notify, and obtain approval from, Landlord's Representative of any planned work to be done on weekends or other than normal job hours. 11.7. Tenant and Tenant's Contractor are responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction as far as the performance of the Tenant's Work is concerned and for all applicable safety regulations established by the Landlord, OSHA, Cal-OSHA or other regulatory agencies, and Tenant further agrees to indemnify, defend, and save and hold Landlord harmless for claims arising from Tenant's Work. Prior to commencement of construction, Tenant shall submit to Landlord evidence of insurance as required by this Lease (including, if applicable, course of construction coverage) and evidence of insurance for Tenant's Contractor and their sub-contractors as may be reasonably required and reasonably satisfactory to Landlord. The insurance certificate shall list Landlord as additionally insured. 11.8. Tenant's Contractor shall not post signs on any part of the Project nor on the Premises, without Landlord's prior written approval. 11.9. Tenant shall be responsible for and shall obtain and record a Notice of Completion promptly following completion of Tenant's work. 11.10. Landlord may require that, prior to the commencement of construction manager shall conduct a walk-through which is estimated to cost in excess of the Premises and compile a "punch-list" of items to be completed, corrected or replaced. Within twenty (20) days after such walk-through$450,000.00, Tenant shall obtain or cause Tenant's Contractor to obtain (at Tenant's expense) payment and performance bonds covering the faithful performance of the contract for the construction of the Tenant's Work and the payment of all matters on such punch-list obligations arising thereunder. Such bonds shall be for the mutual benefit of both Landlord and Tenant. 11.11. Tenant shall provide to Landlord a copy of the fully executed construction contract, including all addenda, and a line item breakdown by trade thereto, between Tenant and Tenant's Contractor for the Tenant's Work. 11.12. All required permits and approvals, including but not limited to Planning, Building, Fire, and Health department permits, must be obtained and all necessary calculations, including, but not limited to, those required under Title 24, must be submitted to the local governing agencies for all work to be completedperformed by Tenant or Tenant's Contractor in the Premises. 11.13. No modifications to the exterior of the Building shall be permitted unless otherwise provided under the Landlord-approved TI Plans and permitted under all applicable governmental laws, corrected rules, regulations, codes, and ordinances. No romex wiring or replaced asbestos containing materials shall be allowed, nor shall water lines be placed in slabs, unless approved by Landlord prior to installation. All equipment placed upon the roof as applicablea result of the Tenant's Work, and all roof and/or floor penetrations shall be approved by Landlord prior to the commencement of work, and will require x-raying prior to making penetration to ensure no in-slab electrical conducting conduits with perforation location. 11.14. Landlord, in Landlord's reasonable discretion, may from time to time establish such other reasonable non-discriminatory rules and regulations for protection of property and the general safety of occupants and invitees of the Project. Such rules and regulations shall apply to Tenant and Tenant's Contractor as though established upon the execution of this Work Letter.