Common use of Finish Work Allowance Clause in Contracts

Finish Work Allowance. Landlord shall provide Tenant with an allowance for the costs (the “Allowance Costs”) of preparing the Premises for Tenant’s initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not to exceed $12,286,440.00 [$180.00 per rentable square foot] (the “Finish Work Allowance”). Tenant may use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15%] of the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Costs, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premises. All construction and design costs for the Finish Work in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the same.

Finish Work Allowance. The space will be provided in its “as-is” condition. Landlord shall provide Tenant with an allowance for the costs (the “Finish Work Allowance Costs”) of preparing hereafter constructing any tenant improvements in the Premises for Tenant’s initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”)including, and (ii) without limitation, third party architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”with respect thereto) in an amount not to exceed $12,286,440.00 [$180.00 864,840.83 (i.e., the product of (x)$32.59 per rentable square foot] foot and (y) 26,537 rentable square feet of the Premises) (the “Finish Work Allowance”). Tenant may use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15%] of the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Costs, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premises. All construction and design costs for the Finish Work Premises in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. The Finish Work Allowance, less 10% retainage, shall be disbursed as requisitioned by Tenant, but not more frequently than monthly, within thirty (30) days after Tenant’s submission of the requisition package. For each disbursement, Tenant shall submit a requisition package to Landlord with an itemization of the costs being requisitioned, a certificate by an officer of Tenant that all such costs are Finish Work Allowance Costs and have been incurred by Tenant, and appropriate back-up documentation including, without limitation, partial or full lien waivers (in a form reasonably approved by Landlord), invoices and bills (together with evidence of Tenant’s payment of such amounts, if Tenant does not request such invoices to be paid by joint check pursuant to the next sentence), and, upon completion of the work, such certificates of completion, final lien waivers, certificates of occupancy, and as-built plans as Landlord may reasonably require in light of the nature and scope of the work Notwithstanding the foregoing, at Tenant’s request, Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs make disbursements of the Finish Work (Allowance by check jointly payable to Tenant and Tenant’s general contractor with respect to the “Oversight Fee”)portion of the work then completed; provided however, which shall be deducted from the Finish Work Allowance. that Landlord shall reimburse have no responsibility or Liability to Tenant for or such contractor with respect to such work, including without limitation, the actual third-party Allowance Costs in an aggregate amount not to exceed quality or completeness of such work or any warranties associated therewith. If the reasonably estimated cost of the work exceeds the Finish Work Allowance, which payments (eachLandlord reserves the right to make pro-rata disbursements of the Finish Work Allowance in the proportion that the Finish Work Allowance bears to the estimated cost of the work, an “Allowance Payment”) subject to a final reconciliation upon completion of the work. Subject to the foregoing, Landlord shall be made disburse the retainage amount upon receipt of a final back-up documentation, within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to completion of all the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) work. Landlord shall have no reason obligation to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of pay the Finish Work exceeds Allowance at any time (a) when Tenant is in default under the Finish Work Allowance, disbursement Lease (as amended hereby) beyond the expiration of any applicable notice or cure period or (b) with respect to any requisition submitted after the last day of the Sixth (6th) Lease Month. After the final completion of the work and the reconciliation of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Costs, Tenant may use any excess Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant payment of (i) final mechanic’s lien waivers from Rent hereunder or towards the cost of Tenant’s contractor bona fide move-related expenses, furniture, and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for cabling costs respecting the Premises, (iv) an itemized statement and third party construction management services by making written request for such final disbursement before the last day of the actual third-party cost to Tenant of the Finish WorkSixth (6th) Lease Month, together with invoices and other all appropriate back-back up documentation, and Landlord shall reimburse Tenant for the cost of the same within thirty (v30) three (3) sets days of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition request therefor. Thereafter Landlord shall have no obligation for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any any unused portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the sameAllowance.

Finish Work Allowance. Landlord shall provide Tenant with (i) ---------------------- an allowance for the costs (the “Allowance Costs”) of preparing each Area of the Office Premises for Tenant’s 's initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not to exceed the product of (x) $12,286,440.00 [**] Per Square Foot of Rentable Floor Area of Office Premises, and (y) the number of square feet of Rentable Floor Area in such Area of the Office Premises and (ii) an allowance for the costs of preparing the Storage Space for Tenant's initial occupancy in an amount not to exceed the product of (x) $180.00 per rentable [**] Per Square Foot of Rentable Floor Area and (y) the number of square foot] feet of Rentable Floor Area in the Storage Space (collectively, the “"Finish Work Allowance”"). The Finish Work Allowance shall be disbursed as follows: one half (1/2) on or before the commencement of the Finish Work and the balance within thirty (30) days of submission by Tenant may of (x) a written statement from Tenant's architect or engineer that the Finish Work has been completed in accordance with the Construction Documents approved by Landlord, (y) a final unconditional certificate of occupancy for, and final governmental approvals of the Finish Work, and (z) paid invoices and final mechanics lien waivers from Tenant's Contractor and all of its subcontractors. Landlord shall have no obligation to disburse any portion of the Finish Work Allowance at any time (i) when Tenant is in default under the Lease or (ii) when, after notice from Landlord, there exists an event or condition which with the passage of time would give rise to a default. Upon Tenant's cure of the default Landlord shall disburse the requisitioned amount. Tenant shall have the right to use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15twenty (20%] ) percent of the Finish Work Allowance for the Soft Costs third-party costs of the Finish Work. Except as expressly set forth above with respect to Soft Costscabling, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premisesfurniture and other related moving expenses. All construction and design costs for the Finish Work Premises in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the same.

Finish Work Allowance. Landlord shall provide Tenant with an allowance for the costs (the “Allowance Costs”) of preparing the Premises for Tenant’s initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not to exceed $12,286,440.00 9,514,620.00 [$180.00 per rentable square foot] (the “Finish Work Allowance”). Tenant may use up to $1,842,966.00 1,427,193.00 [$27.00 per rentable square foot, i.e., 15%] of the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Costs, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premises. All construction and design costs for the Finish Work in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000)requisition, and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed; and (c) Tenant shall have complied with any other reasonable requirements of Landlord’s lender, if applicable, for disbursement of funds relating to the Finish Work. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) subcontractors, (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen one (151) months year following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen one (151) months year following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the same.

Finish Work Allowance. Landlord shall provide Tenant with (i) ---------------------- an allowance for the costs (the “Allowance Costs”) of preparing each Area of the Office Premises for Tenant’s 's initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not to exceed the product of (x) $12,286,440.00 [16.50 Per Square Foot of Rentable Floor Area of Office Premises, and (y) the number of square feet of Rentable Floor Area in such Area of the Office Premises and (ii) an allowance for the costs of preparing the Storage Space for Tenant's initial occupancy in an amount not to exceed the product of (x) $180.00 per rentable 8.25 Per Square Foot of Rentable Floor Area and (y) the number of square foot] feet of Rentable Floor Area in the Storage Space (collectively, the “"Finish Work Allowance”"). The Finish Work Allowance shall be disbursed as follows: one half (1/2) on or before the commencement of the Finish Work and the balance within thirty (30) days of submission by Tenant may of (x) a written statement from Tenant's architect or engineer that the Finish Work has been completed in accordance with the Construction Documents approved by Landlord, (y) a final unconditional certificate of occupancy for, and final governmental approvals of the Finish Work, and (z) paid invoices and final mechanics lien waivers from Tenant's Contractor and all of its subcontractors. Landlord shall have no obligation to disburse any portion of the Finish Work Allowance at any time (i) when Tenant is in default under the Lease or (ii) when, after notice from Landlord, there exists an event or condition which with the passage of time would give rise to a default. Upon Tenant's cure of the default Landlord shall disburse the requisitioned amount. Tenant shall have the right to use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15twenty (20%] ) percent of the Finish Work Allowance for the Soft Costs third-party costs of the Finish Work. Except as expressly set forth above with respect to Soft Costscabling, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premisesfurniture and other related moving expenses. All construction and design costs for the Finish Work Premises in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the same.

Finish Work Allowance. Landlord shall provide Tenant with an allowance for the “hard” costs (the “Allowance Hard Costs”) of preparing the Premises for Tenant’s initial occupancy including the costs of (i) constructing the Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Allowance Costs”) in an amount not to exceed $12,286,440.00 1,315,500.00 [$180.00 30.00 per rentable square foot] (the “Finish Work Allowance”). Tenant may use up Up to $1,842,966.00 [$27.00 per rentable square foot, i.e., fifteen percent (15%] ) of the Finish Work Allowance for the Soft Costs of the Finish Workmay be applied towards architecture, engineering and project management fees. Except as expressly set forth above with respect to Soft Costs, no No portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premises. All construction and design costs for the Finish Work Hard Costs in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two one percent (21%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work with an aggregate contract value in excess of $10,000, submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000)requisition, and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed; and (c) Tenant shall have complied with any other reasonable requirements of Landlord’s lender, if applicable, for disbursement of funds relating to the Finish Work. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall not be required to disburse portions of the Finish Work Allowance on account of retainage under the construction contract for the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than work with an aggregate contract value in excess of $10,000) , (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, (vi) final lien waivers from Tenant’s contractors and subcontractors (which may be conditioned on final payment where required by law), and (vivii) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the same.

Finish Work Allowance. Landlord shall provide to Tenant with an allowance for the costs additional Finish Work Allowance of Forty Dollars ($40.00) per rentable square foot of Additional Premises Fifth Phase (the “Allowance CostsAdditional Premises Fifth Phase Finish Work Allowance”) in order to fund, pursuant to the terms and procedures set forth in Sections 10.04(c) and 10.05 of preparing the Lease (including, without limitation, Tenant’s rights under the last paragraph of Section 10.04(c)-2 of Exhibit 10.04(c)), the design and construction by Tenant of the Finish Work with respect to the Additional Premises Fifth Phase; provided that, notwithstanding anything in Sections 10.04(c) or 10.05 of the Lease to the contrary, (i) Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses to review or supervise the construction of the Finish Work with respect to the Additional Premises Fifth Phase, to review the Construction Documents related thereto or to assist with government filings and (ii) Landlord’s approval of the Construction Documents related to the Finish Work with respect to the Additional Premises Fifth Phase shall not be unreasonably withheld, conditioned or delayed. The Additional Premises Fifth Phase Finish Work Allowance shall be determined with respect to each Stage based on the actual constructed rentable square footage of such respective Stage. The Additional Premises Fifth Phase Finish Work Allowance for the Additional Premises Fifth Phase Stage 1 must be utilized for Finish Work constructed within the Additional Premises Fifth Phase Stage 1. The Additional Premises Fifth Phase Finish Work Allowance for the Additional Premises Fifth Phase Stage 2 must be utilized for Finish Work constructed within the Additional Premises Fifth Phase Stage 2. The Additional Premises Fifth Phase Finish Work Allowance for the Additional Premises Fifth Phase Stage 3 must be utilized for Finish Work constructed within the Additional Premises Fifth Phase Stage 3. The Additional Premises Fifth Phase Finish Work Allowance for the Additional Premises Fifth Phase Stage 4 must be utilized for Finish Work constructed within the Additional Premises Fifth Phase Stage 4. If properly requested by Tenant pursuant to this Section, Landlord shall make available to Tenant a second Finish Work Allowance of Fifty Dollars ($50.00) per rentable square foot of Additional Premises Fifth Phase and Converted Space for Tenant’s initial use and occupancy (the “Second Additional Premises Fifth Phase Finish Work Allowance”) in order to fund, pursuant to the terms and procedures set forth in Sections 10.04(c) and 10.05 of the Lease (including, without limitation, Tenant’s rights under the last paragraph of Section 10.04(c)-2 of Exhibit 10.04(c)), the design and construction by Tenant of the Finish Work with respect to the Additional Premises Fifth Phase and the Converted Space; provided that, notwithstanding anything in Sections 10.04(c) or 10.05 of the Lease to the contrary, (a) Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses to review or supervise the construction of the Finish Work with respect to the Additional Premises Fifth Phase or the Converted Space, to review the Construction Documents related thereto or to assist with government filings and (b) Landlord’s approval of the Construction Documents related to the Finish Work with respect to the Additional Premises Fifth Phase and the Converted Space shall not be unreasonably withheld, conditioned or delayed. The Second Additional Premises Fifth Phase Finish Work Allowance shall be calculated with respect to each Stage and the Converted Space based on the actual constructed rentable square footage of such respective Stage and the Converted Space. The Second Additional Premises Fifth Phase Finish Work Allowance must be utilized for Finish Work constructed within the Additional Premises Fifth Phase and the Converted Space. Base Rent (including with respect to the costs Converted Space which initially is Zero Dollars ($0.00) per rentable square foot) shall be increased to include the amount of the Second Additional Premises Fifth Phase Finish Work Allowance disbursed by Landlord in accordance with the Amended Lease amortized over the period commencing with the day on which the Second Additional Premises Fifth Phase Finish Work Allowance (ior any portion thereof) constructing was disbursed and ending on the Expiration Date (defined in Section 14) at a rate of eight percent (8%) annually. Tenant shall have until seventy-five (75) days following completion of the relevant Finish Work (the “Hard Costs”), and (ii) architectural and engineering fees incurred in the design of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft CostsTI Deadline”) in an amount not to exceed $12,286,440.00 [$180.00 per rentable square foot] (expend the “Finish Work Allowance”). Tenant may use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15%] of the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Costs, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures or equipment installed in the Premises. All construction and design costs for the Finish Work in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Second Additional Premises Fifth Phase Finish Work Allowance, after which payments (each, an “Allowance Payment”) date Landlord’s obligation to fund such costs shall expire. The amount by which Base Rent shall be made within forty-five increased shall be determined (45and Base Rent shall be increased accordingly) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement as of the actual thirdTI Deadline, with Tenant paying (on the next succeeding day that Base Rent is due under the Amended Lease (the “TI True-party cost to Tenant Up Date”)) any underpayment of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if further adjusted Base Rent for the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at period beginning on the time payment is to be made, Tenant is not in default beyond applicable grace periods under day on which the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Second Additional Premises Fifth Phase Finish Work Allowance shall be made (or any portion thereof) was disbursed and ending on a prothe TI True-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progressesUp Date. Landlord shall not be required obligated to disburse portions expend any portion of the Second Additional Premises Fifth Phase Finish Work Allowance on account until Landlord shall have received from Tenant a letter in the form of retainage under the construction contract for the Finish Work until after submission Exhibit E attached hereto executed by Tenant an authorized officer of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but . In no such lien waivers event shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the any unused Second Additional Premises Fifth Phase Finish Work Allowance shall be submitted within fifteen (15) months following entitle Tenant to a credit against Rent payable under the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the sameLease.

Finish Work Allowance. Landlord shall provide to Tenant with an allowance for the costs additional Finish Work Allowance of Fifty-Five Dollars ($55.00) per rentable square foot of Additional Premises (the “Allowance CostsAdditional Premises Finish Work Allowance”) in order to fund, pursuant to the terms and procedures set forth in Sections 10.04(c) and 10.05 of preparing the Premises for Lease (including, without limitation, Tenant’s initial occupancy including rights under the costs last paragraph of Section 10.04(c)-2 of Exhibit 10.04(c)), the design and construction by Tenant of the Finish Work with respect to the Additional Premises; provided that, notwithstanding anything in Sections 10.04(c) or 10.05 of the Lease to the contrary, (i) constructing Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses to review or supervise the construction of the Finish Work (with respect to the “Hard Costs”)Additional Premises, to review the Construction Documents related thereto or to assist with government filings and (ii) architectural and engineering fees incurred in the design Landlord’s approval of the Construction Documents related to the Finish WorkWork with respect to the Additional Premises shall not be unreasonably withheld, design and construction consulting fees, data/telecom cabling costs, and costs conditioned or delayed. The Finish Work Allowance provided for the design Additional Premises Initial Phase and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not to exceed $12,286,440.00 [$180.00 per Additional Premises Second Phase shall be determined based on the actual constructed rentable square foot] (the “footage of each Phase. The Finish Work Allowance”). Tenant may use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15%] of Allowance for the Additional Premises Initial Phase must be utilized for Finish Work constructed within the Additional Premises Initial Phase and the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Costs, no portion of the Additional Premises Second Phase must be utilized for Finish Work Allowance may be used for constructed within the cost of furniture, fixtures or equipment installed in the PremisesAdditional Premises Second Phase. All construction and design costs for the Finish Work in excess of the Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work Allowance. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the Finish Work Allowance shall be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the Finish Work Allowance the Oversight Fee as such work progresses. Landlord shall will not be required to disburse portions of remove the Finish Work Allowance on account of retainage under constructed within the construction contract for Additional Premises at the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement end of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the sameTerm.

Finish Work Allowance. Landlord shall provide to Tenant with an allowance for the costs additional Finish Work Allowance of Forty Dollars ($40.00) per rentable square foot of Additional Premises Fourth Phase (the “Allowance CostsAdditional Premises Fourth Phase Finish Work Allowance”) in order to fund, pursuant to the terms and procedures set forth in Sections 10.04(c) and 10.05 of preparing the Premises for Lease (including, without limitation, Tenant’s initial occupancy including rights under the costs last paragraph of Section 10.04(c)-2 of Exhibit 10.04(c)), the design and construction by Tenant of the Finish Work with respect to the Additional Premises Fourth Phase; provided that, notwithstanding anything in Sections 10.04(c) or 10.05 of the Lease to the contrary, (i) constructing Tenant shall have no obligation to pay or reimburse Landlord for any costs or expenses to review or supervise the construction of the Finish Work (with respect to the “Hard Costs”)Additional Premises Fourth Phase, to review the Construction Documents related thereto or to assist with government filings and (ii) architectural and engineering fees incurred in the design Landlord’s approval of the Finish Work, design and construction consulting fees, data/telecom cabling costs, and costs for the design and installation of Tenant’s signage, mechanical equipment and trade fixtures (collectively, the “Soft Costs”) in an amount not Construction Documents related to exceed $12,286,440.00 [$180.00 per rentable square foot] (the “Finish Work Allowance”). Tenant may use up to $1,842,966.00 [$27.00 per rentable square foot, i.e., 15%] of the Finish Work Allowance for the Soft Costs of the Finish Work. Except as expressly set forth above with respect to Soft Coststhe Additional Premises Fourth Phase shall not be unreasonably withheld, no portion of the Finish Work Allowance may be used for the cost of furniture, fixtures conditioned or equipment installed in the Premisesdelayed. All construction and design costs for the Finish Work in excess of the The Additional Premises Fourth Phase Finish Work Allowance shall be paid for entirely by Tenant, and Landlord shall not provide any reimbursement therefor. Landlord shall be entitled to a construction oversight fee equal to two percent (2%) determined based on the actual constructed rentable square footage of the Hard Costs of the Finish Work (the “Oversight Fee”), which shall be deducted from the Finish Work AllowanceAdditional Premises Fourth Phase. Landlord shall reimburse Tenant for the actual third-party Allowance Costs in an aggregate amount not to exceed the Finish Work Allowance, which payments (each, an “Allowance Payment”) shall be made within forty-five (45) days of Tenant’s request (which request may not be made more than once per month) if such request is accompanied by (x) a written statement from Tenant’s architect or engineer that any Finish Work subject to the requisition has been completed in accordance with the approved Construction Documents and setting forth the percentage of Finish Work then complete, and (y) an itemized statement of the actual third-party cost to Tenant of the Finish Work to date, together with invoices and other appropriate back-up documentation, including mechanics lien waivers from Tenant’s contractor and any subcontractors performing work submitting bills with such requisition that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000), and then only if the following conditions have been fully satisfied: (a) at all times prior to submitting its request for payment and at the time payment is to be made, Tenant is not in default beyond applicable grace periods under the Lease; and (b) Landlord shall have no reason to believe that any work for which payment is requisitioned has not been properly completed. If the estimated total cost of the Finish Work exceeds the Finish Work Allowance, disbursement of the The Additional Premises Fourth Phase Finish Work Allowance shall must be made on a pro-rata basis in proportion to the total cost of the Finish Work, as reasonably estimated by Tenant and documented to Landlord to Landlord’s reasonable satisfaction. Landlord shall pay from the utilized for Finish Work Allowance constructed within the Oversight Fee as such work progressesAdditional Premises Fourth Phase. Landlord shall Tenant will not be required to disburse portions of remove the Finish Work Allowance on account of retainage under constructed within the construction contract for Additional Premises Fourth Phase at the Finish Work until after submission by Tenant of (i) final mechanic’s lien waivers from Tenant’s contractor and all of its subcontractors that are entitled to lien rights under Massachusetts law (but no such lien waivers shall be required from subcontractors providing services to Tenant costing less than $10,000) (ii) a written statement from Tenant’s architect or engineer that the Finish Work has been completed in accordance with the approved Construction Documents, (iii) a permanent certificate of occupancy for the Premises, (iv) an itemized statement end of the actual third-party cost to Tenant of the Finish Work, together with invoices and other appropriate back-up documentation, (v) three (3) sets of “as built” plans and a CAD disk of all such plans that are on a CAD system, and (vi) copies of all warranties for such work. Tenant’s final requisition for the Finish Work Allowance shall be submitted within fifteen (15) months following the Commencement Date. Any portion of the Finish Work Allowance not utilized within fifteen (15) months following the Commencement Date shall be retained by Landlord and Tenant shall have no further right to the sameTerm.