Common use of DELIVERY OF THE PREMISES AND BASE BUILDING Clause in Contracts

DELIVERY OF THE PREMISES AND BASE BUILDING. 1.1 Upon the full execution and delivery of this Lease by Landlord and Tenant, Landlord shall deliver the Premises and “Base Building,” as that term is defined in Section 8.2 of the Lease, to Tenant, and Tenant shall accept the Premises and Base Building from Landlord in their presently existing, “as-is” condition. 1.2 Landlord shall, at Landlord’s sole expense, perform certain upgrades to and replacements of, the Building HVAC systems, and install the Emergency Generator (collectively, the “Landlord Work”), all as reasonably determined by Landlord and as more particularly set forth on Schedule 1, attached hereto. Landlord shall use commercially reasonable efforts (without any obligation to incur overtime or other premiums) to substantially complete such Landlord Work prior to Landlord tendering possession of the Premises to Tenant; provided, however that to the extent such Landlord Work is not substantially completed prior to such tender, Landlord shall perform the Landlord Work concurrently with Tenant’s construction of the “Improvements,” as that term is defined in Section 2.1 below; provided further, however, Landlord reserves the right to separately retain the “Contractor” (as that term is defined in Section 4.1.1 of this Tenant Work Letter) to perform such Landlord Work at Landlord’s sole cost and expense, and Landlord hereby acknowledges that if such retention actually delays the “Substantial Completion of the Improvements” as that term is defined in Section 5.3 of this Tenant Work Letter, then such delay shall be subject the Landlord Caused Delay provisions of Section 5.1 of this Tenant Work Letter. Xxxxxx agrees to cooperate with Xxxxxxxx in order to enable the Landlord Work to be performed by Landlord in a timely manner in accordance with Landlord’s construction schedule.

DELIVERY OF THE PREMISES AND BASE BUILDING. 1.1 Upon the full execution and delivery of this Lease by Landlord and TenantLandlord, except as otherwise provided in the Lease, Landlord shall deliver the Premises and “Base Building,” ”, as that term is defined in Section 8.2 of the Leasebelow, to Tenant, and Tenant shall accept the Premises and Base Building from Landlord in their presently existing, existing “as-is” condition. 1.2 condition in accordance with the terms of this Lease including, without limitation, the terms of Section 2.8 of the Lease. The “Base Building” shall consist of those portions of the Premises which were in existence prior to the construction of tenant improvements by Tenant in the Premises. Landlord shallshall be responsible for causing the Base Building, as of the Commencement Date, to be in good condition and working order, free of defects (with any necessary repairs to be performed by Landlord, at Landlord’s sole expense, perform certain upgrades to and replacements of, not as an Operating Cost at any time discovered during the Building HVAC systemsinitial term of the Lease), and install shall comply with applicable Governmental Requirements which were enacted prior to the Emergency Generator date of the substantial completion of the Tenant Improvements and applicable to new construction for unoccupied space, whether or not then being enforced and disregarding variances and grandfathered/grandmothered rights (collectively, the “Landlord WorkCode”), all as reasonably determined by Landlord and as more particularly set forth on Schedule 1, attached hereto. Landlord shall use commercially reasonable efforts (without any obligation to incur overtime or other premiums) to substantially complete such Landlord Work prior to Landlord tendering possession of the Premises to Tenant; provided, however that to the extent such Landlord Work is not substantially completed prior to such tender, Landlord shall perform the Landlord Work concurrently with Tenant’s construction of the “Improvements,” as that term is defined in Section 2.1 below; provided further, however, Landlord reserves the right to separately retain the “Contractor” (as that term is defined in Section 4.1.1 of this Tenant Work Letter) to perform such Landlord Work at Landlord’s sole cost, but only to the extent that Landlord’s failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy, or its equivalent, for the Premises. Additionally, Landlord shall, at its sole cost and expense, expense remove the existing security guard station in the Building lobby and Landlord hereby acknowledges that if redress the lobby from any damage resulting from such retention actually delays the “Substantial Completion of the Improvements” as that term is defined in Section 5.3 of this Tenant Work Letter, then such delay removal. Said work shall be subject completed prior to or within ninety (90) days following the Landlord Caused Delay provisions of Section 5.1 of this Tenant Work Letter. Xxxxxx agrees to cooperate with Xxxxxxxx in order to enable the Landlord Work to be performed by Landlord in a timely manner in accordance with Landlord’s construction scheduleCommencement Date.

DELIVERY OF THE PREMISES AND BASE BUILDING. 1.1 Upon the full execution and delivery of this Lease by Landlord and Tenant, Landlord shall deliver the Premises and “Base Building,” Building common areas to Tenant in its currently existing, "as that term is defined is" condition, except as expressly provided in Second Amendment Section 8.2 of the Lease, 6 and this Section 1. Tenant will be responsible to Tenant, and Tenant shall accept demolish any existing improvements in the Premises and Base Building from that Tenant does not elect to utilize, which demolition shall be at Tenant's sole cost. In addition, Landlord in their presently existing, “as-is” condition. 1.2 Landlord shallwill be responsible, at Landlord’s sole expense's cost not to be deducted from the Tenant Improvement Allowance, perform certain upgrades to upgrade the lobby, internal stairwell and replacements ofbuilding elevators in the 4430 Building to a level of finishes comparable to that existing in the 4420 Building. Tenant acknowledges that Landlord will not upgrade the existing restrooms, and that Tenant, as a part of its construction of the Tenant Improvements, shall be required to upgrade the restroom finishes on the floors of the Building HVAC systemscontaining the Premises, to generally be comparable to the finishes in the restrooms in the 4420 Building, and install including replacing sinks, toilets, faucets, partitions, entryway tile and carpet (the Emergency Generator "Restroom Upgrade"). Landlord will deliver the Initial 4430 Expansion Premises to Tenant during the five (5) business day period commencing October 1, 2016 (and not prior to October 1, 2016). Landlord will deliver the Second 4430 Expansion Premises to Tenant on or before January 1, 2018. Notwithstanding the foregoing, Landlord shall be responsible for the cost of performing the modifications to the common areas of the Building, including path of travel, at the 4430 Building to the extent that (a) such modifications are required by Regulations, including Title III of the Americans with Disabilities Act, in order for Tenant to obtain a building permit for the Initial Alterations or a certificate of occupancy for Tenant’s occupancy of the Premises for general office use and (b) the need for any such modifications is not required as a result of the particular design, configuration or nature of the Initial Alterations being performed by or on behalf of Tenant (other than normal and customary Building standard office improvements) or any above-Building Standard Occupancy (defined below) level (each, a "Required Upgrades"). In addition, Landlord shall be responsible for the cost of correcting any other violations of Regulations with respect to the common areas of the at the 4430 Building, including path of travel, existing as of the date Landlord delivers possession of the Premises to Tenant (provided that the Initial Alterations are typical of standard office improvements consistent with the Initial Alterations generally described on Schedule 2 attached hereto) to the extent that (a) such modifications are required by Regulations, including Title III of the Americans with Disabilities Act, in order for Tenant to obtain a building permit for the Initial Alterations or a certificate of occupancy for Tenant’s occupancy of the Premises for general office use and (b) the need for any such modifications is not as a result of the particular design, configuration or nature of the Initial Alterations being performed by or on behalf of Tenant (other than normal and customary Building standard office improvements) or any above-Building Standard Occupancy level (each, an "Additional Required Upgrade"). In the event that Tenant becomes aware of the requirement to perform any Required Upgrades or Additional Required Upgrades, Tenant shall provide Landlord with prompt written notice thereof (an "Upgrade Notice"), which Upgrade Notice shall include (i) reasonable evidence that such Required Upgrades and/or Additional Required Upgrade must be performed by Tenant in order for Tenant to obtain a building permit for the Initial Alteration or certificate of occupancy for the Premises as described above, (ii) a reasonably detailed scope of work, and specifications of such Required Upgrade or Additional Required Upgrade, (iii) the estimated total cost of the work (the "Upgrade Cost Estimate"), and (iv) the proposed time frame for the performance of the proposed work (collectively, the “"Work Proposal"). To the extent that any Required Upgrades or Additional Required Upgrades must be made by Tenant pursuant to this Section, such work shall be performed by Tenant in accordance with plans and specifications for such Required Upgrade(s) and/or Additional Required Upgrade(s) prepared by Landlord’s architect at Landlord’s cost and provided to Tenant, as a part of the Initial Alterations and otherwise in accordance with the terms of this Exhibit B using Building standard methods, materials and finishes. In addition to the Allowance and the Restroom Allowance, Landlord Work”), all as reasonably determined by shall pay for the cost of any Required Upgrades for which Landlord and as more particularly is responsible pursuant to this Section in an amount not to exceed the Upgrade Cost Estimate for such Required Upgrades set forth on Schedule 1in the Work Proposal submitted to Landlord plus any increases in such Upgrade Cost Estimate that are reasonably approved in advance by Landlord. If Tenant’s Upgrade Notice requires any Additional Upgrade to be performed, attached heretothen within five (5) business days following the date of Tenant’s Upgrade Notice, Landlord shall notify Tenant whether Landlord shall perform the Additional Required Upgrade or whether Tenant will perform the Additional Required Upgrade in conjunction with the Initial Alterations. In the event Landlord elects to perform the Additional Required Upgrade, Landlord shall use commercially reasonable efforts (without any obligation efforts, subject to incur overtime Landlord’s right to dispute or other premiums) appeal the Additional Required Upgrade as set forth below, to substantially complete the Additional Required Upgrade as soon as practicable following the date of receipt of Tenant’s Upgrade Notice. If Tenant is required to perform such Landlord Work prior to Landlord tendering possession of the Premises to Tenant; provided, however that to the extent such Landlord Work is not substantially completed prior to such tenderAdditional Required Upgrade, Landlord shall perform pay the cost for such work in an amount not to exceed the Upgrade Cost Estimate for such Additional Required Upgrade set forth in the Work Proposal submitted to Landlord Work concurrently with plus any increases in such Upgrade Cost Estimate that are reasonably approved in advance by Landlord. Provided that Landlord’s failure to complete the Required Additional Upgrade will not prohibit Tenant from obtaining a certificate of occupancy for the Premises by no later than the Commencement Date, or unreasonably and materially affect the safety of Tenant’s construction employees or create a material health hazard for Tenant’s employees, or materially and adversely affect Tenant’s access to or use of the “Improvements,” as that term is defined in Section 2.1 below; provided further, howeverPremises, Landlord reserves shall have the right to separately retain contest any alleged Additional Required Upgrades in good faith, including, without limitation, the “Contractor” (as that term is defined in Section 4.1.1 right to apply for and obtain a waiver or deferment of this Tenant Work Letter) compliance, the right to perform such Landlord Work at Landlord’s sole cost assert any and expenseall defenses allowed by Regulations and the right to appeal any decisions, and Landlord hereby acknowledges that if such retention actually delays judgments or rulings to the “Substantial Completion of the Improvements” as that term is defined in Section 5.3 of this Tenant Work Letter, then such delay shall be subject the Landlord Caused Delay provisions of Section 5.1 of this Tenant Work Letter. Xxxxxx agrees to cooperate with Xxxxxxxx in order to enable the Landlord Work to be performed fullest extent permitted by Landlord in a timely manner in accordance with Landlord’s construction scheduleRegulations.