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

Cost of Tenant’s Work. Tenant shall pay the cost of all Tenant’s Work, including all modifications, improvements, alterations, additions or installations (including a reasonable charge for Landlord’s services and for Landlord’s inspection and engineering time), and also the cost of painting, restoring, or repairing the Premises occasioned by such modifications, improvements, alterations, additions or installations.. Additionally, Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of the work and alterations. If and to the extent any portion of Tenant’s Work will affect building systems or structure, Landlord may retain outside third parties at market rates for the sole purpose of obtaining assurance that the proposed items of Tenant’s Work will not adversely affect the base building systems or any structural portion of the Building. In such event, Tenant shall reimburse Landlord within thirty (30) days following receipt of an invoice for Landlord’s direct, actual, out-of-pocket costs incurred for such third party review, charged on a documented time and materials basis, not to exceed market rates for [FINAL EXECUTION COPY] -22- ‌ 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 ‌ Xxxx’s Fashion Lounge, LLC 062923 ‌ 54RL-374105 ​ DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 ​ such services. Upon completion of Tenant’s Work, Tenant shall furnish Landlord with contractor’s affidavits or unconditional lien releases and full and final waivers of liens, and receipted bills covering all labor and materials expended and used. Prior to commencing Tenant’s Work, Tenant shall obtain and maintain “Builder’s All Risk” insurance in an amount, and with such companies, approved by Landlord covering the construction of Tenant’s Work, and such other insurance as Landlord may require covering Landlord, and Xxxxxxxx’s mortgagee, Xxxxxxxx’s property management company and Landlord’s asset management company shall be named as additional insureds, it being understood and agreed that all of Tenant’s Work shall be insured by Tenant pursuant to Article 9 (Indemnification and Insurance) of this Lease immediately upon completion thereof. Tenant shall permit Landlord to inspect construction operations in connection with the Tenant’s Work at any time. Landlord shall have the right to immediately cease construction operations if Tenant fails to meet the requirements of this Article 11 (Alterations and Improvements).

Cost of Tenant’s Work. (a) Before commencement of any portion of the Tenant's Work, Landlord shall obtain a contract to perform the Tenant's Work by bidding the Tenant's Work to certain of those general contractors from Landlord's list of approved contractors, which list is attached hereto as Schedule 2 and made a part hereof. Landlord agrees to promptly give Tenant a copy of the contract. The general contractor must use only those subcontractors on Landlord's list of approved subcontractors set forth on Schedule 3 attached hereto as the same may be amended by Landlord from time to time. (b) Landlord shall provide Tenant with a Tenant Improvement Allowance of up to Forty Dollars per rentable square feet in the Demised Premises as a credit towards the cost of the Tenant's Work. Tenant shall pay the cost of all Tenant’s Work, including all modifications, improvements, alterations, additions or installations (including a reasonable charge for Landlord’s services and for Landlord’s inspection and engineering time), and also the cost of painting, restoring, or repairing the Premises occasioned by such modifications, improvements, alterations, additions or installations.. Additionally, Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of the work and alterations. If and to the extent any portion of Tenant’s 's Work will affect building systems or structure, Landlord may retain outside third parties at market rates for the sole purpose of obtaining assurance that the proposed items of Tenant’s Work will not adversely affect the base building systems or any structural portion in excess of the BuildingTenant Improvement Allowance. In such event, All amounts shall be paid by Tenant shall reimburse Landlord within thirty (30) days following after Tenant's receipt of invoices therefor, or if paid through the construction escrow in accordance with (e) below. (c) Tenant shall pay a construction coordination and overhead fee to Landlord in an invoice for amount equal to three (3) percent of the Tenant Improvement Allowance to cover Landlord’s direct's coordination, actualsupervision and overhead and related expense allocable to such work (the "Coordination Fee"), out-of-pocket provided however, if the total costs incurred for of the Tenant's Work pursuant (d) Landlord shall make payments of the Tenant Improvement Allowance only one time per month upon receipt of invoices, sworn statements, mechanic's lien waivers as provided herein, and such third party review, charged on other documentation as Landlord may reasonably request. Payment of the Tenant Improvement Allowance shall be made by Landlord upon Tenant's direction through a documented construction escrow with the title insurance company selected by Landlord pursuant to escrow instructions approved by Landlord. Landlord shall have no obligation to make any payment of the Tenant Improvement Allowance at any time and materials basis, not to exceed market rates for [FINAL EXECUTION COPY] -22- ‌ 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 ‌ Xxxx’s Fashion Lounge, LLC 062923 ‌ 54RL-374105 ​ DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 ​ such services. Upon completion of the Tenant is in Default hereunder. (e) Before commencing Tenant’s 's Work, Tenant shall furnish Landlord with contractor’s affidavits or unconditional lien releases and full and final waivers submit a total project budget (the "Budget") outlining the cost of liensthe Tenant's Work plus the cost of all non-tenant improvement items, and receipted bills covering all labor and materials expended and used. Prior including soft costs to commencing Tenant’s Work, Tenant shall obtain and maintain “Builder’s All Risk” insurance in an amount, and with such companies, approved by Landlord covering the construction of Tenant’s Work, and such other insurance as Landlord may require covering Landlord, and Xxxxxxxx’s mortgagee, Xxxxxxxx’s property management company and Landlord’s asset management company shall be named as additional insureds, it being understood and agreed that all of Tenant’s Work shall be insured by Tenant pursuant to Article 9 (Indemnification and Insurance) of this Lease immediately upon completion thereof. Tenant shall permit Landlord to inspect construction operations incurred in connection with the Demised Premises (collectively, the "Tenant’s 's Project Costs"). Tenant shall deliver to Landlord an updated Budget with each draw request for a payment of a portion of the Tenant Improvement Allowance. If, as of the time any such draw request is made, the cost of the Tenant's Work at pursuant to the current Budget exceed the amount of the Tenant Improvement Allowance, Tenant shall deposit into the escrow the amount by which the Tenant's Work set forth in the current Budget exceed the amount of the Tenant Improvement Allowance, less any timeamounts previously deposited into the escrow by Tenant before a draw request will be funded. All amounts so deposited by Tenant are herein collectively called "Tenant Deposits". (f) The general contractor shall make draw requests on the escrow based upon the percentage of Tenant's Project Costs incurred as of the date of the draw request in a form and format approved by Landlord. The general contractor shall present to Landlord, Tenant and to the title company which is acting as escrowee: (i) a letter requesting a disbursement of funds (less a holdback for retainage of 10%); (ii) invoices (or paid receipts for each item paid by Tenant and for which Tenant is seeking reimbursement); (iii) a copy of any canceled checks pursuant to which such invoice has been paid, and, (iv) with respect to any construction to any portion of the Demised Premises, such lien waivers (for lienable items) required by the title company or Landlord. The lien waiver for the present draw request from the general contractor, each subcontractor and material supplier will be a conditional lien waiver, and for the previous draw request each subcontractor and material supplier will deliver an unconditional lien waiver with each draw request to the Landlord. Tenant shall have ten (10) days from receipt of the draw request to review the draw request and inspect the quality of the work completed by the general contractor and advise the general contractor and Landlord in writing of any respects in which the draw request or work completed is disapproved and the reason for such disapproval. Otherwise, the draw request and work completed by the general contractor will be deemed approved. Landlord shall have no obligation to make payment until: (i) the right draw request and quality of work completed by the general contractor has been approved by the Tenant; (ii) the draw request and quality of work completed by the general contractor has been approved by the Landlord; (iii) the draw request and quality of work completed by the general contractor has been approved in writing to immediately cease Landlord by the Architect; (iv) all waivers for lienable items for the prior draw are submitted; and (v) the title company has provided a title update showing no construction operations if or mechanic's liens on title. (g) Draw requests shall be submitted to Landlord, Tenant fails and the title company not later than the 23rd day of the calendar month. Not later than the 10th day of the next calendar month Landlord will review Tenant's Work and general contractor's draw request and advise the general contractor and the Tenant in writing of any respects in which the draw request is disapproved and the reason for such disapproval. Such advice need not comply with the notice provisions of the Lease. Otherwise, the draw request will be deemed approved. Draw requests submitted by the 23rd day of the calendar month shall be paid, subject to meet the requirements foregoing approval procedure, not later than the 15th day of the following calendar month. Landlord and Tenant agree to cooperate in attempting to resolve disapproved portions of each draw request. Failure by Landlord to pay general contractor amounts due and approved pursuant to the approval process of this Article 11 (Alterations and Improvements)Work Letter shall constitute a Default by Landlord.

Cost of Tenant’s Work. (a) Prior to commencement of any portion of the Tenant's Work, Tenant shall obtain a contract to perform the Tenant's Work by bidding the Tenant's Work to certain of those general contractors from Landlord's list of approved contractors or such other contractor as may be approved by Landlord. Tenant agrees to promptly give Landlord a copy of the contract. The general contractor must use only those subcontractors on Landlord's list of approved subcontractors, as the same may be amended by Landlord from time to time, or such other subcontractors as may be approved by Landlord. (b) Landlord shall give Tenant a total allowance ("Allowance") of $42,777.00 as a credit towards the cost of the Tenant's Work including the cost of Tenant's initial move to the Premises. Tenant shall pay the cost of all Tenant’s Work, including all modifications, improvements, alterations, additions or installations (including a reasonable charge for Landlord’s services and for Landlord’s inspection and engineering time), and also the cost of painting, restoring, or repairing the Premises occasioned by such modifications, improvements, alterations, additions or installations.. Additionally, Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of the work and alterations. If and to the extent any portion of Tenant’s 's Work will affect building systems or structure, Landlord may retain outside third parties at market rates for the sole purpose of obtaining assurance that the proposed items of Tenant’s Work will not adversely affect the base building systems or any structural portion in excess of the BuildingAllowance. In such event, All amounts shall be paid by Tenant shall reimburse Landlord within thirty (30) days following after Tenant's receipt of invoices therefor. (c) Tenant shall pay a construction coordination and overhead fee to Landlord in an invoice for Landlord’s direct, actual, out-of-pocket costs incurred for such third party review, charged on a documented time and materials basis, not amount equal to exceed market rates for [FINAL EXECUTION COPY] -22- ‌ 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 ‌ Xxxx’s Fashion Lounge, LLC 062923 ‌ 54RL-374105 ​ DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 ​ such services. Upon completion 5% of the cost of Tenant’s 's Work to cover Landlord's coordination, supervision and overhead and related expense allocable to such work (the "Coordination Fee"). The Coordination Fee shall be deducted by Landlord from the Allowance. In addition, Tenant shall pay all of Landlord's costs, including, without limitation: (i) the cost of Landlord's (and Landlord's consultants) preliminary and ongoing review of the Preliminary Space Plans, the Plans, and all other construction documents; (ii) the cost of temporary toilets and access to phone service to the Premises during the construction period; (iii)the costs of trash removal and disposal; and (iv) freight dock services and normal Building security during Tenant's construction and move-in period. (d) Landlord shall make payments of the Allowance only one time per month upon receipt of invoices, sworn statements, mechanics lien waivers as provided herein and such other documentation as Landlord may reasonably request. Payment of the Allowance shall be made by Landlord upon Tenant's direction through a construction escrow with the title insurance company selected by Landlord pursuant to escrow instructions approved by Landlord. Landlord shall have no obligation to make any payment of the Allowance at any time that Tenant is in Default hereunder. (e) Prior to commencing Tenant's Work, Tenant shall furnish submit to Landlord with contractor’s affidavits or unconditional lien releases and full and final waivers a total project budget (the "Budget") outlining the cost of liensthe Tenant's Work plus the cost of all non-tenant improvement items, including soft costs, cabling, and receipted bills covering all labor and materials expended and used. Prior telephone to commencing Tenant’s Work, Tenant shall obtain and maintain “Builder’s All Risk” insurance in an amount, and with such companies, approved by Landlord covering the construction of Tenant’s Work, and such other insurance as Landlord may require covering Landlord, and Xxxxxxxx’s mortgagee, Xxxxxxxx’s property management company and Landlord’s asset management company shall be named as additional insureds, it being understood and agreed that all of Tenant’s Work shall be insured incurred by Tenant pursuant to Article 9 (Indemnification and Insurance) of this Lease immediately upon completion thereof. Tenant shall permit Landlord to inspect construction operations in connection with the Premises (collectively, the "Tenant’s Work at 's Project Costs"). Tenant shall deliver to Landlord an updated Budget with each draw request for a payment of a portion of the Allowance. If, as of the time any timesuch draw request is made, the remaining Tenant's Project Costs pursuant to the current Budget exceed the remaining amount of the Allowance, Tenant shall deposit into the escrow the amount by which the remaining Tenant's Project Costs set forth in the current Budget exceed the remaining amount of the Allowance. All amounts so deposited by Tenant are herein collectively called "Tenant Deposits". (f) Tenant shall make draw requests on the escrow based upon the percentage of Tenant's Project Costs incurred as of the date of the draw request. Tenant shall present to Landlord and to the title company which is acting as escrow, a letter requesting a disbursement of funds, invoices (or paid receipts for each item paid by Tenant and for which Tenant is seeking reimbursement), a copy of any cancelled checks pursuant to which such invoice has been paid, and, with respect to any construction to any portion of the Premises, such lien waivers (for lienable items) required by the title company or Landlord. The lien waiver from the general contractor and from each subcontractor and material supplier must be delivered with each draw request. Landlord shall have no obligation to make a payment until all waivers for the right prior draw are submitted. (g) Draw requests shall be submitted to immediately cease construction operations Landlord and the title company not later than the 23rd day of the calendar month. Not later than the 20th day of the next calendar month Landlord will review Tenant's Work and Tenant's draw request and advise Tenant in writing of any respects in which the draw request is disapproved and the reason for such disapproval. Such advice need not comply with the notice provisions of the Lease. Otherwise, the draw request will be deemed approved. Draw requests submitted by the 23rd day of a calendar month shall be paid, subject to the foregoing approval procedure, not later than the 25th day of the following calendar month. Landlord and Tenant agree to cooperate in attempting to resolve disapproved portions of each draw request. (h) Notwithstanding anything herein to the contrary, in the event that on the date that all Tenant's Work has been completed and paid for the sum of the Allowance and any Tenant Deposits exceed the amount disbursed by the escrowee on account of Tenant's Project Costs (the amount of such excess being herein called the "Excess Funds") and provided that Tenant is not then in Default under the Lease, Landlord shall apply such Excess Funds in the following order of priority until such Excess Funds are exhausted: (i) Landlord shall pay to Tenant, within sixty (60) days following the Rent Commencement Date out of such Excess Funds an amount not to exceed the Tenant Deposits, if Tenant fails any; (ii) The balance of such Excess Funds, if any, shall be refunded to meet the requirements of this Article 11 (Alterations and Improvements)Landlord.

Cost of Tenant’s Work. (a) Before commencement of any portion of the Tenant's Work, Tenant agrees to promptly give Landlord a list of the contractor(s), construction supervisor and subcontractors who will be doing Tenant's Work and shall update that list with Landlord as contractors, subcontractors and supervisors change or are added. (b) Tenant shall pay a construction coordination and overhead fee to Landlord in an amount up to $10,000 to cover Landlord's coordination, architectural review and overhead and related expenses allocable to such work (the "Coordination Fee"). The Coordination Fee is intended to be all inclusive and includes: (i) the cost of Landlord's preliminary and ongoing review of the Space Plans, the Plans and all other construction documents; (ii) coordination of the Landlord's Work among Landlord and Tenant’s Work's contractors, including all modificationssubcontractors, improvementsInterior Space Planner, alterationsagents, additions or installations representatives and agents; (including a reasonable charge for Landlord’s services and for Landlord’s inspection and engineering time), and also iii) the cost of paintingtemporary electricity, restoringtemporary toilets and hot and cold water to the Demised Premises during the Tenant's Work construction period; (iv) initiation and monitoring of the punchlist process; (v) cost of normal building security during Tenant's Work construction and move-in period. Except for Construction Escrow, or repairing the Premises occasioned by such modifications, improvements, alterations, additions or installations.. Additionally, Landlord agrees that Tenant shall not be required to pay for all overhead, general conditions, fees and other costs and expenses of the work and alterations. If and any sums in addition to the extent any portion of Coordination Fee for other coordination services by Landlord unless such services are requested in writing by Tenant’s Work will affect building systems or structure, Landlord may retain outside third parties at market rates for the sole purpose of obtaining assurance that the proposed items of Tenant’s Work will not adversely affect the base building systems or any structural portion of the Building. In such event, Tenant shall reimburse Landlord make Coordination Fee payments as construction progresses within thirty fifteen (3015) days following of Landlord providing Tenant with actual invoices for Coordination Fee work. (c) The Construction Escrow shall be paid as set forth in the Lease. Escrow Agent shall only be required to make payments from the Construction Escrow upon receipt of an invoice for Landlord’s direct, actual, out-of-pocket costs incurred for such third party review, charged on a documented time and materials basis, not to exceed market rates for [FINAL EXECUTION COPY] -22- ‌ 0000 XXXXXXX XXXXXX SMRH:4888-9988-7969.11 ‌ Xxxx’s Fashion Lounge, LLC 062923 ‌ 54RL-374105 ​ DocuSign Envelope ID: 8AD56723-1CA7-49A1-A144-808922A962D5 ​ such services. Upon completion of Tenant’s Work, Tenant shall furnish Landlord with contractor’s affidavits or unconditional mechanics' lien releases and full and final waivers of liens, and receipted bills covering all labor and materials expended and used. Prior to commencing Tenant’s Work, Tenant shall obtain and maintain “Builder’s All Risk” insurance in an amount, and with such companies, approved by Landlord covering the construction of Tenant’s Workas provided herein, and such other insurance documentation as Landlord and Escrow Agent may require covering Landlord, and Xxxxxxxx’s mortgagee, Xxxxxxxx’s property management company and Landlord’s asset management company reasonably request. Escrow agent shall have no obligation to make any payment of the Construction Escrow at any time that Tenant is in Default hereunder. Such payments shall be named as additional insuredsmade within fifteen (15) days of satisfactory presentation to Landlord that the Lease condition for payment has been met. (d) Before the Rent Commencement Date, it being understood and agreed that all Tenant shall provide to Landlord a preliminary cost estimate of Tenant’s Work shall be insured 's Work, followed by Tenant pursuant to Article 9 (Indemnification and Insurance) a final accounting within 3 months of this Lease immediately upon completion thereof. Tenant shall permit Landlord to inspect construction operations in connection with the Tenant’s Work at any time. Landlord shall have the right to immediately cease construction operations if Tenant fails to meet the requirements of this Article 11 (Alterations and Improvements)Rent Commencement Date.