Common use of Cost of Tenant Improvements Clause in Contracts

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) (“Landlord Contribution”), based on $28.00 per rentable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) 142,506.00 (“Landlord Contribution”), based on $28.00 27.00 per rentable usable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Tenant Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Landlord Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or paymentpayment or to apply the savings toward additional work. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the workwork (excluding any furniture, fixtures and equipment relating to the Premises), and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) % of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s Tenant Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras requested by Tenant and not reflected on the approved working drawings, or because of Tenant Delays, then notwithstanding any unused portion of the Landlord Contribution, Tenant shall pay to Landlord, within ten (10) 10 days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“"Completion Cost”") as incurred a maximum of One Million One Five Hundred Eighty Nine Thirty Two Thousand Three Five Hundred Fifty-Six Dollars ($1,189,356.001,532,500.00) (“Landlord "Landlord's Contribution”"), based on $28.00 25.00 per rentable usable square foot of the Premises, and Tenant shall be fully responsible for the remainder ("Tenant's Contribution"). Landlord's Contribution shall only be used for construction and installation of the Completion Cost in excess Standards incorporated into a Preliminary Plan approved by Landlord and for other costs outlined below. Tenant shall have no right to receive any credit, refund or allowance of any kind for any unused portion of the Landlord’s 's Contribution (“Tenant’s nor shall Tenant be allowed to make revisions to an approved Preliminary Plan, Working Drawings and Specifications or request a Change in an effort to apply any unused portion of Landlord's Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant ImprovementsImprovements in accordance with the approved Working Drawings and Specifications, 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, (ii) salaries and fringe benefits of persons, if any, in the direct employ of Landlord performing any part of the construction work, (iii) permit fees and other sums paid to governmental agencies, and (iiiiv) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/administrative/ supervision fee to be paid to Landlord or to Landlord's management agent in the amount of three five percent (35%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord in full the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in portion of the Tenant’s 's Contribution paid by Tenant prior to but not expended towards the start of construction Completion Cost shall be reimbursed refunded to Tenant in the form of a check payable to Tenant. In addition, if If the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawingsWorking Drawings and Specifications which are requested by Tenant, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, be responsible for all such additional costs, including . The balance of any additional architectural feesums not otherwise paid by Tenant shall be due and payable on or before the Commencement Date of this Lease. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant’s 's failure to pay rent under the Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) 259,446.00 (“Landlord Contribution”), based on $28.00 22.00 per rentable usable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Tenant Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s ContributionLandlord Contribution or remains unused after March 31, 2019, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or paymentpayment or to apply the savings toward additional work. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the workwork (excluding any furniture, fixtures and equipment relating to the Premises), and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) % of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord 50% of the amount of the Tenant’s Tenant Contribution set forth in the approved Final Cost Estimate. If The remaining 50% of the actual Completion Cost amount of the Tenant Improvements is less than Contribution set forth in the approved Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction Estimate shall be reimbursed due to TenantLandlord upon substantial completion of the Tenant Improvements. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras requested by Tenant and not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) 20 days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“"Completion Cost”") as incurred a maximum of One Million One Two Hundred Eighty Sixty-Nine Thousand Three Nine Hundred Fifty-Six Sixty Dollars ($1,189,356.00269,960.00) (“Landlord "Landlord's Contribution”"), based on $28.00 10.00 per rentable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“"Tenant’s 's Contribution”"). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s 's Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/administrative/ supervision fee to be paid to Landlord in the amount of three five percent (35%) of all such direct costs. . C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant’s 's failure to pay rent under the Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction constructions costs (“"Completion Cost”") as incurred a maximum of Two Hundred Thirty-One Million One Thousand Eight Hundred Eighty Nine Thousand Three Hundred Fifty-Six Four Dollars ($1,189,356.00231,804.00) (“Landlord "Landlord's Contribution”"), based on $28.00 12.00 per rentable usable square foot of the PremisesSuite 1000, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“"Tenant’s 's Contribution”"). If Landlord agrees that if the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s 's Contribution, than at any time following the Commencement Date for Suite 1000 but prior to December 31, 2000, Tenant shall be permitted to utilize such savings towards other improvement work in the Premises, provided that such work is subject to the prior written approval of Landlord ("Additional Improvements"). Tenant acknowledges that any such excess funds shall be utilized by no later than December 31, 2000; thereafter, any remaining funds of the Landlord's Contribution shall inure to the benefit of Landlord and shall be considered forfeited by Tenant. It is understood that the Additional Improvements shall be done during Tenant's occupancy of Suite 1000. In this regard, Tenant agrees to assume any risk of injury, loss or damage which may result. Tenant further agrees that no rental abatement shall not be entitled to any credit or paymentresult while the Additional Improvements are completed in Suite 1000. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/administrative/ supervision fee to be paid to Landlord in the amount of three five percent (35%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) 4,727,150.00 (“Landlord Contribution”), based on $28.00 50.00 per rentable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Tenant Contribution”). Notwithstanding the foregoing, Tenant may utilize a portion of the Landlord Contribution not to exceed $472,715.00 toward the out-of-pocket expenses incurred by Tenant for relocating to the Premises, including furniture moving, data cabling costs and consulting costs (“Moving Allowance”). Tenant shall be reimbursed for such expenses by submitting copies of all supporting third-party invoices to Landlord within 120 days after the Commencement Date. Landlord shall reimburse Tenant in one installment within 30 days following receipt of all such invoices. If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Landlord Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or paymentpayment or to apply the savings toward additional work. In addition to the Landlord Contribution, Landlord shall make available to Tenant an amount not to exceed $945,430.00 (“Additional Contribution”) for the Tenant Improvements hereunder to be utilized by Tenant not later than December 31, 2012 in connection with the initial Tenant Improvement work, which amount shall be amortized over the 96 month Lease Term at 8% per annum and repaid in monthly installments with the Basic Rent. Upon determination of the amount of the Additional Contribution, if any, Landlord shall memorialize same, together with the monthly repayment schedule, in writing and Tenant shall promptly acknowledge same. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the workwork (excluding any furniture, trade fixtures and personal property equipment relating to the Premises), and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) % of all such direct coststhe Landlord Contribution. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s Tenant Contribution set forth in the approved Final Cost Estimate. If Estimate as follows: (i) 33% by June 1, 2012, (ii) 33% upon 50% of the actual Completion Cost completion of the Tenant Improvements is less than and (iii) the Final Cost Estimate, then any corresponding overage in remaining balance upon substantial completion of the Tenant’s Contribution paid by Tenant prior to the start of construction Improvements. All payments shall be reimbursed made to TenantLandlord within 30 days upon receipt of invoices. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras requested by Tenant and not reflected on the approved working drawings, or because of Tenant Delays, then to the extent it is in excess of any unused portion of the Landlord Contribution, Tenant shall pay to Landlord, within ten (10) 30 days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) 664,296.00 (“Landlord Contribution”), based on $28.00 44.39 per rentable usable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Tenant Contribution”). Notwithstanding the foregoing, Tenant may elect to utilize up to $44,895.00 (i.e., $3.00 per usable square foot of the Premises) towards the costs of relocation, data and communications cabling, IT work, signage and Tenant’s project manager reimbursement. If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s ContributionLandlord Contribution or remains after December 31, 2012, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or paymentpayment or to apply the savings toward additional work. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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 workwork (including without limitation preparation of the Preliminary Plan and Working Drawings and Specifications), (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the workwork (excluding any furniture, fixtures and equipment relating to the Premises), and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) 2.5% of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord 50% of the amount of the Tenant’s Tenant Contribution set forth in the approved Final Cost Estimate. If ; and 50% upon substantial completion of the Tenant Improvements (provided, however, that to the extent the actual Completion Cost of the Tenant Improvements is ultimately amounts to less than the approved Final Cost Estimate, then any corresponding overage in the Tenant’s final installment(s) of the Tenant Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenantreduced accordingly). In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras Changes requested by Tenant and not reflected on the approved working drawingsWorking Drawings and Specifications, or because of Tenant Delays, then except to the extent of any unused portion of the Landlord Contribution, Tenant shall pay to Landlord, within ten (10) 10 days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all II other remedies) have the same rights as in the case of Tenant’s failure to pay rent under the Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“Completion Cost”) as incurred a maximum of One Million One Hundred Eighty Nine Thousand Three Hundred Fifty-Six Dollars (contribute $1,189,356.00) (“Landlord Contribution”), based on $28.00 30.00 per rentable square foot (the "ALLOWANCE") toward the cost of the design (including preparation of space plans and Working Drawings and Specifications), construction and installation of the Tenant Improvements; provided, however, such Allowance shall be used (at $30.00 per rentable square foot) only for Tenant Improvements which are actually constructed in the Premises, at the time such Tenant Improvements are constructed. Tenant shall not have the right to shift any portion of the Allowance from unbuilt space in the Premises to space in which Tenant Improvements are constructed. Out of the Allowance no more than $2.50 per rentable square foot in the Premises (the "PLANNING CONTRIBUTION") may be used for professional services, such as space planning or preparation of working drawings and specifications. The balance, if any, of the cost of the Tenant Improvements ("ADDITIONAL COST") over the Allowance shall be paid by Tenant to CIC. Landlord shall disburse the Construction Allowance, and Tenant shall be fully responsible for disburse the remainder Additional Cost (before any Change Order) to CIC on the basis of monthly progress payments based on invoices submitted by CIC, less retainage of ten percent (10%). Landlord and Tenant shall each pay their pro-rata portion of each progress payment, based on the ratio that the Construction Allowance and the Additional Cost each bears to the total cost of the Completion Cost in excess Tenant Improvements (before any Change Orders), with the retainage and the balance, if any, of the Landlord’s Contribution (“Tenant’s Contribution”). If actual Additional Cost paid upon the actual cost of final completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Contribution, such savings shall inure to the benefit of Landlord and Tenant Improvements. Any Change Orders shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, including but not limited to the following: (i) payments made to architects, engineers, contractors, subcontractors and other third party consultants included in the performance determination of the work, (ii) permit fees and other sums paid to governmental agencies, (iii) costs each party's pro rata portion of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costsprogress payments. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay (or receive a credit for) the cost of Change Orders directly to Landlord the amount of the Tenant’s Contribution set forth CIC. Any Change Orders shall not be included in the approved Final Cost Estimate. If the actual Completion Cost determination Tenant's proportionate share of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, 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 Leaseprogress payments.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of increases for Landlord approved Changes and as otherwise provided in this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. . B. Landlord shall pay towards up to Seven Hundred Sixteen Thousand One Hundred Sixteen Dollars (i.e., $171,600 + 544,516 = $716,116) (“Landlord’s Maximum Contribution”) of the final construction costs (“Completion Cost” (as defined below). Tenant acknowledges that the Landlord’s Maximum Contribution is intended only as the maximum amount Landlord will pay toward approved Tenant Improvements, and not by way of limitation, any partitions, modular office stations, fixtures, cabling, furniture and equipment requested by Tenant are in no event subject to payment as part of Landlord’s Contribution other than as described below. In the event the sum of the cost of the Completion Cost of the Tenant Improvement Work is less than the Landlord’s Maximum Contribution, Landlord’s actual contribution toward the Completion Cost (“Landlord’s Contribution”) as incurred shall equal such lesser amount, and Tenant shall have no right to receive any credit, refund or allowance of any kind for any unused portion of the Landlord’s Maximum Contribution. Notwithstanding anything to the contrary, however, in this Section II.B: (i) Tenant may utilize a maximum portion of the Landlord’s Maximum Contribution, not to exceed the amount of One Million One Hundred Eighty Nine Ninety-Four Thousand Three Four Hundred Fifty-Six Seventy Dollars ($1,189,356.00194,470.00) (“Landlord Contribution”)i.e., based on $28.00 10.00 per rentable usable square foot of the 153 Technology Premises) towards Tenant’s cost of purchasing and/or installing cabling, furniture, signage, architectural fees, and any other moving expenses for Tenant’s expansion into the 153 Technology Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“Tenant’s Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agenciesLandlord’s Maximum Contribution may be utilized, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three percent (3%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the at Tenant’s Contribution set forth in election, either towards the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than for the Final Cost Estimate, then any corresponding overage 153 Technology Premises as provided in the Tenant’s Contribution paid by Tenant prior this Work Letter or for improvements to the start of construction shall be reimbursed 157 Technology Premises reasonably acceptable to Tenant. In additionLandlord, if the actual Completion Cost of provided however, that the Tenant Improvements and/or the improvements for the 157 Technology Premises shall be substantially completed no later than June 30, 2015 to be eligible for funding by Landlord, and that Landlord shall not be obligated to fund any portion of the Landlord’s Maximum Contribution towards the Tenant Improvements or other improvements completed after such date. C. If Tenant fails to provide to Landlord corrected Programming Information with two (2) business days after Landlord gives to Tenant written notice that such Programming Information is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delaysneeded, then Tenant shall pay any costs due to inaccurate or incompletely Programming Information and the amount, if any, by which aggregate Completion Cost for the Tenant Improvement Work exceeds the Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee’s Maximum Contribution. If The amounts to be paid by Tenant defaults in for the payment of any sums due under Tenant Improvements pursuant to this Work Letter, Landlord shall (in addition Section II.C are sometimes cumulatively referred to all other remedies) have herein as the same rights as in the case of “Tenant’s failure to pay rent under the LeaseContribution”.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“"Completion Cost”") as incurred a maximum of One Million One Seven Hundred Eighty Nine Twenty Five Thousand Three Two Hundred Fifty-Six Fifty Dollars ($1,189,356.00725,250.00) (“Landlord "Landlord's Contribution”"), based on $28.00 25.00 per rentable useable square foot of the Premises, and Tenant shall be fully responsible for the remainder ("Tenant's Contribution"). Landlord's Contribution shall only be used for construction and installation of the Completion Cost in excess Standards incorporated into a Preliminary Plan approved by Landlord and for other costs outlined below. Tenant shall have no right to receive any credit, refund or allowance of any kind for any unused portion of the Landlord’s 's Contribution (“Tenant’s nor shall Tenant be allowed to make revisions to an approved Preliminary Plan, Working Drawings and Specifications or request a Change in an effort to apply any unused portion of Landlord's Contribution”). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant ImprovementsImprovements in accordance with the approved Working Drawings and Specifications, 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, (ii) salaries and fringe benefits of persons, if any, in the direct employ of Landlord performing any part of the construction work, (iii) permit fees and other sums paid to governmental agencies, and (iiiiv) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/administrative/ supervision fee to be paid to Landlord or to Landlord's management agent in the amount of three five percent (35%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord in full the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in portion of the Tenant’s 's Contribution paid by Tenant prior to but not expended towards the start of construction Completion Cost shall be reimbursed credited to Tenantrent next due under this Lease. In addition, if If the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawingsWorking Drawings and Specifications, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, be responsible for all such additional costs, including . The balance of any additional architectural feesums not otherwise paid by Tenant shall be due and payable on or before the Commencement Date of this Lease. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant’s 's failure to pay rent under the Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“"Completion Cost”") as incurred a maximum of One Million One Five Hundred Eighty Nine Seventy-Five Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00) (“Landlord 575,000.00)("Landlord Contribution”"), based on $28.00 28.75 per rentable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“"Tenant’s 's Contribution”"). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s 's Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/supervision fee to be paid to Landlord in the amount of three five percent (35%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant’s 's failure to pay rent under the Lease.

Cost of Tenant Improvements. A. Landlord shall complete, or cause to be completed, the Tenant Improvements, at the construction cost shown in the approved Final Cost Estimate (subject to the provisions of this Work Letter), in accordance with final Working Drawings and Specifications approved by both Landlord and Tenant. Landlord shall pay towards the final construction costs (“"Completion Cost”") as incurred a maximum of One Million One Four Hundred Eighty Forty-Five Thousand Nine Thousand Three Hundred Fifty-Six Dollars ($1,189,356.00445,900.00) (“Landlord "Landlord's Contribution”"), based on $28.00 25.00 per rentable usable square foot of the Premises, and Tenant shall be fully responsible for the remainder of the Completion Cost in excess of the Landlord’s Contribution (“"Tenant’s 's Contribution”"). If the actual cost of completion of the Tenant Improvements is less than the maximum amount provided for the Landlord’s 's Contribution, such savings shall inure to the benefit of Landlord and Tenant shall not be entitled to any credit or payment. B. The Completion Cost shall include all direct out-of-pocket costs of Landlord in completing the Tenant Improvements, 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, (ii) permit fees and other sums paid to governmental agencies, (iii) costs of all materials incorporated into the work or used in connection with the work, and (iv) keying and signage costs. The Completion Cost shall also include an administrative/administrative/ supervision fee to be paid to Landlord in the amount of three five percent (35%) of all such direct costs. C. Prior to start of construction of the Tenant Improvements, Tenant shall pay to Landlord the amount of the Tenant’s 's Contribution set forth in the approved Final Cost Estimate. If the actual Completion Cost of the Tenant Improvements is less than the Final Cost Estimate, then any corresponding overage in the Tenant’s Contribution paid by Tenant prior to the start of construction shall be reimbursed to Tenant. In addition, if the actual Completion Cost of the Tenant Improvements is greater than the Final Cost Estimate because of modifications or extras specifically requested by Tenant and not reflected on the approved working drawings, or because of Tenant Delays, then Tenant shall pay to Landlord, within ten (10) days following submission of an invoice therefor, all such additional costs, including any additional architectural fee. If Tenant defaults in the payment of any sums due under this Work Letter, Landlord shall (in addition to all other remedies) have the same rights as in the case of Tenant’s 's failure to pay rent under the Lease. D. Notwithstanding the foregoing and in addition to the Landlord's Contribution, Landlord agrees to fund the cost of other tenant improvement work in the Premises requested in writing by Tenant, but exclusive of furniture, furnishings and removable personal property, up to a maximum of Eighty-Nine Thousand One Hundred Eighty Dollars ($89,180.00) (the "Additional Allowance"). For every One Hundred Dollars ($100.00) or portion thereof of the Additional Allowance so funded by Landlord, the Basic Rent payable during the initial sixty (60) months of this Lease by Tenant shall increase by Two Dollars and Twenty Cents ($2.20) per month, retroactive to the Commencement Date of this Lease. Upon request by Landlord, the amount of such rental adjustment shall be memorialized on a form provided by Landlord. In the event that the amount of the rental adjustment is finally determined subsequent to the Commencement Date, Tenant shall promptly pay to Landlord a lump sum amount equal to the total accrued sums owing due to the retroactive adjustment. E. Landlord shall warrant that the Tenant Improvements installed by or under the supervision of Landlord will be constructed in a good and workmanlike manner and without material defects. Tenant shall not be responsible for payment of any costs required to correct defective or non-complying work or materials, provided Tenant notifies Landlord thereof within six (6) months following the Commencement Date. FIRST AMENDMENT TO LEASE