Common use of Demising Work Clause in Contracts

Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.

Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. Landlord’s approval of each revised Preliminary Drawing shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.

Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s 's approval a preliminary space plan (the “"Preliminary Space Plan”") in connection with Tenant’s 's proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s 's approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s 's request, within ten (10) days following Tenant’s 's delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “"Final Space Plan”". Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s 's approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s 's request, within ten (10) days) following Tenant’s 's delivery to Landlord of, one-eighth inch (1/8”") architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “"Preliminary Drawings”"). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “"Final Drawings”". (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s 's performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s 's review of Space Plans and Drawings under Sections 5.7(a) and (b) above is for Landlord’s 's purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s 's notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s 's construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property Project by Property Project basis, in compliance with Building Standards at Tenant’s 's expense, including including, without limitation, building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s 's review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.Drawings

Demising Work. This Section 5.9 is to be included only in the event that Tenant executes a Continuing Term Separate Lease.] Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered PremisesFSG Sublet Space. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below5.9(b)), failing which any disagreements shall be resolved in accordance with Article XII hereofXII. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a5.9(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance with the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, done in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises FSG Sublet Space from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.. ARTICLE VI

Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. Landlord’s approval of each revised Preliminary Drawing shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.

Demising Work. Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered Premises. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan ________________________________________________________________________________________________________________________ shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below), failing which any disagreements shall be resolved in accordance with Article XII hereof. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected. (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.

Demising Work. This Section 5.9 is to be included only in the event that Tenant executes a Continuing Term Separate Lease.] Any Demising Work required to be performed by Tenant: shall, in each instance, be completed as follows: (a) Tenant shall prepare and submit to Landlord for Landlord’s approval a preliminary space plan (the “Preliminary Space Plan”) in connection with Tenant’s proposed separation of the Leased Premises from the Surrendered PremisesFSG Sublet Space. Landlord’s approval shall not be unreasonably withheld or delayed and shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days following Tenant’s delivery to Landlord of the Preliminary Space Plan. If Landlord objects to the Preliminary Space Plan (or any revision thereof), Tenant shall deliver a revised Preliminary Space Plan to Landlord and the procedure will be repeated, if necessary, until a final space plan is approved. Landlord’s approval of each revised Preliminary Space Plan shall be given or withheld within ten (10) days following Landlord’s receipt thereof from Tenant. The final approved space plan is hereinafter referred to as the “Final Space Plan”. Landlord and Tenant shall work with one another reasonably and in good faith to resolve any differences concerning the Preliminary Space Plan and the Final Space Plan (or the Preliminary Drawings or Final Drawings hereafter referenced in Section 5.7(b) immediately below5.9(b)), failing which any disagreements shall be resolved in accordance with Article XII hereofXII. (b) From the Final Space Plan, Tenant shall prepare and submit to Landlord for Landlord’s approval (which approval shall not be unreasonably withheld or delayed, and which shall be given or withheld, or Landlord shall advise Tenant whether Landlord requires additional information in order to evaluate Tenant’s request, within ten (10) days) following Tenant’s delivery to Landlord of, one-eighth inch (1/8”) architectural, mechanical, electrical, lighting, plumbing and (if reasonably requested by Landlord) floor load working drawings together with specifications necessary to complete all of the proposed improvements shown on the Final Space Plan (collectively, the “Preliminary Drawings”). If Landlord objects to the Preliminary Drawings (or any revision thereof), Tenant shall deliver revised Preliminary Drawings to Landlord and the procedure will be repeated, if necessary, until final drawings are approved. The final approved drawings are hereinafter referred to as the “Final Drawings”. (c) Tenant will cause the Demising Work to be constructed in substantial accordance with the Final Drawings. Landlord shall be deemed to have waived Tenant’s performance of any Demising Work not shown on the Final Drawings except to the extent required to satisfy Legal Requirements. Landlord’s review of Space Plans and Drawings under Sections 5.7(a5.9(a) and (b) above is for Landlord’s purposes only, and not a representation or warranty that the work to be performed pursuant thereto meets all Legal Requirements. (d) In connection with the Demising Work, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction and perform all Demising Work in compliance with the requirements of such permits and applications; and Tenant shall promptly obtain, if required, a permanent certificate of occupancy and all other approvals required of Tenant to use and occupy the Leased Premises. (e) Tenant shall have the right to select the general contractor and subcontractors for the Demising Work; provided that Tenant shall not use a contractor or subcontractor as to which Landlord shall reasonably object within ten (10) days following Tenant’s notice to Landlord of the identity of such contractor(s) and subcontractor(s) as Tenant has selected.. BBD-1 Separate Lease Form (f) The parties shall cooperate with each other in good faith and coordinate the scheduling of the Demising Work in an effort to complete the same in a timely manner. Landlord and Tenant shall be commercially reasonable in agreeing to non-material reconfigurations of the boundaries of the Leased Premises to facilitate Tenant’s construction of demising walls for the Leased Premises. (g) All of the Demising Work shall be done, on a Property by Property basis, done in compliance with Building Standards at Tenant’s expense, including building permit and other fees, architectural and engineering expenses and other expenses relating thereto. Tenant may request Landlord’s review of Preliminary Space Plans or Preliminary Drawings before Tenant’s notification to Landlord of Tenant’s election to remove Surrendered Premises FSG Sublet Space from the Leased Premises to facilitate Tenant’s understanding of the potential approximate costs associated therewith. (h) Any other provision of this Lease to the contrary notwithstanding, if as a result of performing Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord, Tenant adds One Thousand Five Hundred (1,500) square feet or less of Purchase Agreement Vacate Space to the Net Rentable Area of the Leased Premises at a Property as herein provided (any space so added, the “PAVS Expansion Premises”), Tenant shall have the right and option, exercisable from time to time by written notice to Landlord prior to the expiration of the Vacate Period (as defined in the Purchase Agreement), to terminate this Lease with respect to Leased Premises at such Property or at any other Property containing, in the aggregate, the same or fewer square feet of Net Rentable Area as the Net Rentable Area of the PAVS Expansion Premises (any space so terminated, the “PAVS Contraction Premises”); provided that (i) Tenant shall only be permitted to create PAVS Contraction Premises at a Property to the extent the same is reasonably necessary for Tenant to perform Demising Work required as a result of Tenant’s surrender of Purchase Agreement Vacate Space to Landlord at such Property, (ii) Tenant may not terminate this Lease with respect to PAVS Contraction Premises containing, in the aggregate, more than One Thousand Five Hundred (1,500) square feet of Net Rentable Area at any Property and (iii) the aggregate Net Rentable Area of the PAVS Expansion Premises at all Properties shall be equal to or greater than aggregate Net Rentable Area of the PAVS Contraction Premises at all Properties.