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

Cost of Landlord’s Work. 2.1 As its contribution to the cost of Landlord's work, Landlord shall provide to Tenant a tenant improvement allowance of up to a maximum of $1,245,220.00 (based on $20.00 per rentable sq. ft. specified in the Lease Provisions) as its contribution to the cost of Landlord's Work. Tenant shall pay the cost of all Landlord's Work in excess of such tenant improvement allowance as provided in this Article 2. 2.2 Prior to commencing Landlord's Work, Landlord shall submit to Tenant a written estimate of the cost of Landlord's Work, including contractor's overhead and profit and all fees. Tenant shall approve or disapprove such estimate within 15 days. If Tenant shall fail to give written approval to any such estimate within 15 days after submission thereof, such failure shall be deemed disapproval thereof, and Landlord shall not be obligated to proceed with Landlord's Work. 2.3 Tenant shall bear the cost of Landlord's work in excess of that portion of Landlord's Work paid for by Landlord pursuant to paragraph 2.1 above, and in addition a fee for Landlord's construction administration not to exceed 15% of such excess. 2.4 Tenant shall bear the cost of any changes requested by Tenant in Landlord's work as shown on the Final Plans and Specifications and, in addition, a fee for Landlord's construction administration in an amount not to exceed 1S% of the cost of such changes. 2.5 Landlord's obligation to perform Landlord's Work shall not require Landlord to incur overtime costs and expenses and shall be subject to unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of material or supplies and any other cause or event beyond Landlord's reasonable control. 2.6 Tenant shall promptly pay Landlord during the course of construction the cost of the work to be paid by Tenant under this Article 2, based on invoices submitted by Landlord's contractor and certified by Landlord's architect, so as to enable Landlord to pay Landlord's contractor without advancing Landlord's funds for the cost of the work to be paid by Tenant. 2.7 it is understood and agreed by Tenant that any minor changes from any plans and specifications that may be reasonably necessary during construction of the Premises shall not affect, change or invalidate this Lease.

Cost of Landlord’s Work. 2.1 As its contribution to the cost of Landlord's workWork, Landlord shall provide to Tenant a tenant improvement allowance of up to a maximum of $1,245,220.00 1,700,000 (based on $20.00 per rentable sq. ft. square foot as specified in the Lease ProvisionsLease) as its contribution to the cost of Landlord's Work("Tenant Improvement Allowance"). Tenant shall pay the cost of all Landlord's Work in excess of such tenant improvement allowance which has been approved by Tenant as provided in this Article 2Paragraphs 2.1 and 2.2 below subject to changes described in Paragraph 2.5, and which exceeds the Tenant Improvement Allowance with the exception of those items specified in 1.1 above, subject to the following: In the event Tenant does not use the entire Tenant Improvement Allowance, Landlord shall refund the remaining amount (not to exceed a total refund of $3.00 per square foot) to Tenant over the Lease Term. Such refund shall take the form of a reduction in Base Monthly Rent. In the event the tenant improvement costs exceed the Tenant Improvement Allowance, Tenant shall have the option to either pay for the improvements upon completion or have Landlord amortize the overage amount (not to exceed a total of $3.00 per square foot) over the Lease Term as additional Rent at an interest rate of 10%, annually. All amounts over $23.00 per square foot shall be paid by Tenant as provided in section 7.1, below. 2.2 Prior After the parties have approved the Final Plans and Specifications and prior to commencing Landlord's Work, Landlord shall select not less than three (3) general contractors approved by Landlord to bid on Landlord's Work. Landlord shall notify Tenant in writing of Landlord s approved contractors. Within three (3) business days after receipt of Landlord's list of approved contractors, Tenant shall submit to Tenant a written estimate Landlord the name of the cost of one (1) general contractor to bid on Landlord's Work, including contractor's overhead which contractor and profit and all fees. Tenant subcontractors shall approve or disapprove such estimate within 15 days. If Tenant shall fail to give written approval to any such estimate within 15 days after submission thereof, such failure shall be deemed disapproval thereof, and Landlord shall not be obligated to proceed with Landlord's Work. 2.3 Tenant shall bear the cost of Landlord's work in excess of that portion of Landlord's Work paid for by Landlord pursuant to paragraph 2.1 above, and in addition a fee for Landlord's construction administration not to exceed 15% of such excess. 2.4 Tenant shall bear the cost of any changes requested by Tenant in Landlord's work as shown on the Final Plans and Specifications and, in addition, a fee for Landlord's construction administration in an amount not to exceed 1S% of the cost of such changes. 2.5 Landlord's obligation to perform Landlord's Work shall not require Landlord to incur overtime costs and expenses use only union labor and shall be subject signatory to unavoidable delays due to acts an appropriate collective bargaining agreement of God, governmental restrictions, strikes, labor disturbances, shortages of material or supplies and any other cause or event beyond the AFL- CIO. Landlord's reasonable control. 2.6 Tenant three (3) approved contractors and Tenant's approved contractor shall promptly pay be defined herein collectively as "Approved Contractors". Thereafter, Landlord during shall solicit bids from the course Approved Contractors. Upon receipt of construction the cost bids from all of the work Approved Contractors, Landlord shall notify Tenant and deliver to be paid by Tenant under this Article 2, based on invoices submitted by Landlord's contractor and certified by Landlord's architect, so as to enable Landlord to pay Landlord's contractor without advancing Landlord's funds for the cost copies of the work to be paid by Tenant. 2.7 it is understood and agreed by Tenant that any minor changes from any plans and specifications that may be reasonably necessary during construction of the Premises shall not affect, change or invalidate this Lease.all such bids. Within

Cost of Landlord’s Work. 2.1 As its contribution a. Landlord shall complete, or cause to be completed, the Landlord's Work in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall, at Landlord's sole cost and expense, pay the final construction costs as incurred to complete the Landlord's Work in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant ("Landlord's Contribution"). Subject to the terms of Section 4A of the Lease, Tenant shall be fully responsible for (i) any excess cost arising from any Non-Standard Improvements, Changes and Tenant Delays ("Tenant's Contribution") and construction management fee equal to two percent (2%) of the Completion Costs (defined below) payable to Landlord for supervising the completion of the Landlord's Work, and any costs arising from any Non-Standard Improvements, Changes and Tenant Delays. The total costs to complete the improvements to the Premises pursuant to this Work Letter is equal to the Landlord's Contribution plus the Tenant's Contribution ("Completion Cost"). b. The Completion Cost shall include all costs of Landlord in completing the Landlord's Work in accordance with the approved Working Drawings and Specifications and any costs arising from any Non-Standard Improvements, Changes and Tenant Delays, including but not limited to the following: (i) payments made to architects, engineers, contractors, subcontractors and other third party consultants in the performance of the work, Landlord shall provide to Tenant a tenant improvement allowance (ii) salaries and fringe benefits of up to a maximum of $1,245,220.00 (based on $20.00 per rentable sq. ft. specified persons, if any, in the Lease Provisionsdirect employ of Landlord performing any part of the construction work, (iii) permit fees and other sums paid to governmental agencies, (iv) costs of all materials incorporated into the work or used in connection with the work; and (v) all costs related to space planning for the Premises. c. Prior to start of construction of the Landlord's Work (the "Start Date"), Tenant shall pay to Landlord forty percent (40%) of the amount of the Tenant's Contribution as its contribution set forth in the Construction Contract, if any, and the balance shall be paid as follows: (i) An additional thirty percent (30%) of the balance shall be paid to Landlord on or before the cost date which is thirty (30) days after the Start Date; (ii) An additional twenty percent (20%) of the balance shall be paid to Landlord on or before the date which is sixty (60) days after the Start Date; (iii) The balance together with any increase because of any Non-Standard Improvements, Changes and Tenant Delays, shall be due and payable upon completion of any punchlist corrective work but not later than forty-five (45) days after substantial completion of the Landlord's Work. If Tenant defaults in the payment of any sums due under this Work Letter when due, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant's failure to pay Rent under the cost of all Landlord's Work in excess of such tenant improvement allowance as provided Lease. d. Notwithstanding any provision to the contrary contained in this Article 2. 2.2 Prior Lease, if a monetary Event of Default as described in the Lease, or an monetary default by Tenant under this Work Letter not cured within five (5) days after written notice from Landlord to commencing Tenant, has occurred at any time on or before the Substantial Completion of the Landlord's Work, then (i) in addition to all other rights and remedies granted to Landlord pursuant to the Lease, Landlord shall submit have the right to Tenant a written estimate withhold payment of all or any portion of the cost of Landlord's Work, including contractor's overhead and profit and all fees. Tenant shall approve or disapprove such estimate within 15 days. If Tenant shall fail to give written approval to any such estimate within 15 days after submission thereof, such failure shall be deemed disapproval thereof, and Contribution and/or Landlord shall not be obligated to proceed with may cause Landlord's Work. 2.3 Tenant shall bear Contractor to cease the cost construction of Landlord's work in excess of that portion of the Landlord's Work paid for by Landlord pursuant to paragraph 2.1 above(in which case, and in addition a fee for Landlord's construction administration not to exceed 15% of such excess. 2.4 Tenant shall bear be responsible for any delay in the cost of any changes requested by Tenant in Landlord's work as shown on the Final Plans and Specifications and, in addition, a fee for Landlord's construction administration in an amount not to exceed 1S% of the cost of such changes. 2.5 Landlord's obligation to perform Landlord's Work shall not require Landlord to incur overtime costs and expenses and shall be subject to unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of material or supplies and any other cause or event beyond Landlord's reasonable control. 2.6 Tenant shall promptly pay Landlord during the course of construction the cost of the work to be paid by Tenant under this Article 2, based on invoices submitted by Landlord's contractor and certified by Landlord's architect, so as to enable Landlord to pay Landlord's contractor without advancing Landlord's funds for the cost of the work to be paid by Tenant. 2.7 it is understood and agreed by Tenant that any minor changes from any plans and specifications that may be reasonably necessary during construction Substantial Completion of the Premises caused by such work stoppage and such stoppage as a Tenant Delay), and (ii) all other obligations of Landlord under the terms of this Work Letter shall not affect, change or invalidate this be forgiven until such time as such Default is cured pursuant to the terms of the Lease.

Cost of Landlord’s Work. 2.1 As its contribution to Landlord shall pay for the cost of Landlord's work’s Work, Landlord shall provide to Tenant a tenant improvement allowance of up to a maximum aggregate amount of Nine Hundred Sixty Thousand and 00/100 Dollars ($1,245,220.00 960,000.00) (based “Landlord’s Contribution”). Tenant agrees that it shall be responsible for payment of any costs and expenses incurred by Landlord on $20.00 per rentable sqaccount of Landlord’s Work that exceed Landlord’s Contribution (the “Excess Costs”). ft. specified in the Lease Provisions) as its contribution Tenant shall, if requested by Landlord, execute a work letter confirming such Excess Costs prior to the cost time Landlord shall be required to commence any portion of Landlord's Work. Tenant shall pay the cost of all Landlord's ’s Work in excess of to which such tenant improvement allowance as provided in this Article 2. 2.2 Prior to commencing Landlord's Work, Landlord shall submit to Tenant a written estimate of the cost of Landlord's Work, including contractor's overhead and profit and all fees. Tenant shall approve or disapprove such estimate within 15 days. If Tenant shall fail to give written approval to any such estimate within 15 days after submission thereof, such failure shall be deemed disapproval thereofExcess Costs relate, and Landlord shall not be obligated have no obligation to proceed with Landlord's Work. 2.3 commence such work unless and until Tenant shall bear have paid such Excess Costs, as estimated by Landlord’s contractor, to Landlord. In the cost event that the Excess Costs are greater than the estimate of Landlord's work ’s contractor, then Tenant shall pay to Landlord such difference within ten (10) days after Landlord advises Tenant of such actual cost. In the event that the actual cost to Landlord is less than the estimate of Landlord’s contractor, then Landlord shall refund or credit Tenant with such difference, to the extent actually paid by Tenant, within ten (10) days after such actual cost are finally determined. Landlord shall be entitled to the same rights and remedies for any failure of Tenant to pay the Excess Costs to Landlord as are available to Landlord in excess the event of that any failure by Tenant to pay Rent when the same is due. Tenant shall be entitled to credit against Base Rent due within six (6) months of the Rent Commencement Date one-half (1/2) of the portion of Landlord's Work paid for by Landlord pursuant to paragraph 2.1 above’s Contribution, and in addition a fee if any, not utilized for Landlord's construction administration not to exceed 15% ’s Work. No portion of such excess. 2.4 Tenant Landlord’s Contribution shall bear the cost of be utilized for any changes requested costs incurred by Tenant in Landlord's work as shown on connection with the Final Plans acquisition and Specifications andinstallation of Tenant’s furniture, fixtures and equipment in addition, a fee for Landlord's construction administration in an amount not to exceed 1S% of the cost of such changesPremises. 2.5 Landlord's obligation to perform Landlord's Work shall not require Landlord to incur overtime costs and expenses and shall be subject to unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortages of material or supplies and any other cause or event beyond Landlord's reasonable control. 2.6 Tenant shall promptly pay Landlord during the course of construction the cost of the work to be paid by Tenant under this Article 2, based on invoices submitted by Landlord's contractor and certified by Landlord's architect, so as to enable Landlord to pay Landlord's contractor without advancing Landlord's funds for the cost of the work to be paid by Tenant. 2.7 it is understood and agreed by Tenant that any minor changes from any plans and specifications that may be reasonably necessary during construction of the Premises shall not affect, change or invalidate this Lease.

Cost of Landlord’s Work. 2.1 As its contribution A. Subject to Paragraph C of this Section 4.1, Landlord shall be responsible for the entire cost of the Base Building Work. B. Landlord shall fund the cost of Landlord's workTenant Improvement Work, subject to the provisions of this Paragraph B. Tenant shall pay to Landlord shall provide an amount ("Tenant Payment") equal to Tenant a tenant improvement allowance the sum of up to a maximum of Sixteen Million Four Hundred Twenty- Thousand ($1,245,220.00 (based on $20.00 per rentable sq. ft. specified in the Lease Provisions16,429,000.00) as its contribution to Dollars towards the cost of Landlord's performing the Tenant Improvement Work. Tenant shall pay to Landlord the cost of all Tenant Payment as follows: . Tenant shall pay to Landlord $4,699,000.00 on the Rent Commencement Date with respect to Building A . Tenant shall pay to Landlord $4,370,000.00 on the Rent Commencement Date with respect to Building B . Tenant shall pay to Landlord $7,360,000.00 on the Rent Commencement Date with respect to Building C. C. Tenant shall be responsible for any costs incurred by Landlord in performing Landlord's Work to the extent that the same arise directly from Tenant Delays. Such costs, together with interest at the rate specified in excess Section 16.21, accruing on such costs from the date that such costs are incurred by Landlord until paid by Tenant, shall be due and payable by Tenant, as additional rent, after the final Rent Commencement Date within thirty (30) days of such tenant improvement allowance as provided in this Article 2billing therefor. 2.2 Prior D. As security for Tenant's obligation to commencing pay the Tenant Payment to Landlord's Work, Tenant shall, at the time that Tenant executes and delivers the Lease to Landlord, deliver to Landlord the TI Letter of Credit, as defined in Section 16.26. If Tenant fails timely to pay to Landlord any portion of the Tenant Payment when such portion is due, Landlord shall submit have the right, upon five (5) business days written notice to Tenant to draw down a written estimate portion of the cost TI Letter of Landlord's WorkCredit equal to the past due amount and to apply the proceeds of the TI Letter of Credit against such past due portion of the Tenant Payment. If for any reason any portion of the Tenant Payment is due and payable from Tenant on or after the date thirty (30) days prior to the Stated Expiration Date of the TI Letter of Credit (as the same may be extended), including contractor's overhead and profit and all fees. Tenant shall approve shall, within five (5) business days of demand by Landlord deliver to Landlord either an amendment of the TI Letter of Credit extending the Stated Expiration Date for an additional one (1) year period or disapprove such estimate within 15 daysa substitute TI Letter of Credit in place of the TI Letter of Credit for an additional one (1) year period. If Tenant fails timely to deliver such amendment or substitute TI Letter of Credit, Landlord shall fail have the right, without further notice, to give written approval draw down the entire TI Letter of Credit, less the amount of any portion of the Tenant Payment previously paid by Tenant to any such estimate within 15 days after submission thereof, such failure shall be deemed disapproval thereofLandlord, and Landlord shall not be obligated to proceed with Landlord's Work. 2.3 Tenant shall bear hold the cost of Landlord's work in excess of that portion of Landlord's Work paid for by Landlord pursuant to paragraph 2.1 above, and in addition a fee for Landlord's construction administration not to exceed 15% proceeds of such excess. 2.4 Tenant shall bear the cost of any changes requested by Tenant in Landlord's work as shown on the Final Plans and Specifications and, in addition, a fee for Landlord's construction administration draw in an amount not to exceed 1S% of the cost of such changes. 2.5 Landlordinterest bearing account as security for Tenant's obligation to perform Landlord's Work shall not require Landlord to incur overtime costs and expenses and shall be subject to unavoidable delays due to acts of Godpay the Tenant Payment, governmental restrictions, strikes, labor disturbances, shortages of material or supplies and any other cause or event beyond Landlord's reasonable control. 2.6 Tenant shall promptly pay Landlord during as aforesaid. Upon the course of construction the cost full payment of the work Tenant Payment to be paid by Tenant under this Article 2Landlord, based on invoices submitted by Landlord's contractor and certified by Landlord's architect, so as Landlord shall return the TI Letter of Credit to enable Landlord to pay Landlord's contractor without advancing Landlord's funds for the cost of the work to be paid by Tenant. 2.7 it is understood and agreed by Tenant that any minor changes from any plans and specifications that may be reasonably necessary during construction of the Premises shall not affect, change or invalidate this Lease.