Common use of Initial Alterations and Allowance Clause in Contracts

Initial Alterations and Allowance. A. Tenant, following (i) the delivery of the Premises by Landlord with the Initial Landlord Alterations Substantially Complete (i.e., the Delivery Date), and (ii) the full and final execution and delivery of the Lease to which this Exhibit D is attached and all prepaid rental, the Security Deposit and insurance certificates required under the Lease, shall have the right to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of Section 9 of the Lease, including, without limitation, approval by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Without limiting the foregoing, Tenant hereby agrees that Tenant shall be required to use Landlord’s preferred vendors for any work involving the Building systems and/or the Building structure. Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld, conditioned or delayed. The parties agree that Landlord’s approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (a) does not have trade references reasonably acceptable to Landlord, (b) does not maintain insurance as required pursuant to the terms of the Lease, (c) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, or (d) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor.

Initial Alterations and Allowance. A. 1.01 Tenant, following (i) the delivery of the Premises by Landlord with the Initial Landlord Alterations Substantially Complete (i.e., the Delivery Date), and (ii) the full and final execution and delivery of the Lease to which this Exhibit D is attached attached, and all prepaid rental, the Security Deposit rental and insurance certificates security deposits required under the Leasesuch agreement, shall have the right to perform alterations and improvements in the Premises to prepare the Premises for Tenant’s occupancy (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of Section 9 of the Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations (which such approval shall not to be unreasonably withheld, conditioned or delayed) of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Without limiting the foregoing, Tenant hereby agrees that Tenant shall be required to use Landlord’s preferred vendors for any work involving the Building systems and/or the Building structure. Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with lawLaw, functionality of design, the structural integrity of the design, the configuration of the premises Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld, conditioned or delayed. The parties agree that Landlord’s approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (ai) does not have trade references reasonably acceptable to Landlord, (bii) does not maintain insurance as required pursuant to the terms of the this Lease, (ciii) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (dv) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor.

Initial Alterations and Allowance. A. Tenant, following (i) the delivery of the Premises by Landlord with the Initial Landlord Alterations Substantially Complete (i.e., the Delivery Date), and (ii) the full and final execution and delivery of the this Lease to which this Exhibit D is attached and all prepaid rental, the Security Deposit rental and insurance certificates security deposits required under the Lease, hereunder shall have the right to perform have performed alterations and improvements in the Expansion Premises (the “Initial Alterations”). Notwithstanding the foregoingLandlord shall cause to be prepared complete construction drawings, Tenant plans and its contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of Section 9 of the Lease, including, without limitation, approval by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) of the final plans specifications for the Initial Alterations Alterations, which shall set forth the layout of the Expansion Premises, in form and substance suitable and adequate for submission, if necessary, to the contractors appropriate government authority(ies) for approval and in a form reasonably satisfactory to be retained by Tenant to perform such Initial AlterationsTenant. Without limiting the foregoingTenant, Tenant hereby agrees that Tenant shall be required to use notwithstanding Landlord’s preferred vendors for any work involving engagement of the Building systems architect and/or engineers preparing the Building structure. Tenant drawings shall be responsible for all elements of the design of Tenant’s drawings, plans (including, without limitation, compliance with law, and specifications relating to functionality of design, the structural integrity of the designcompliance with Laws, the configuration of the premises Expansion Premises and the placement of Tenant’s furniture, appliances and equipment), and . Landlord’s approval of Tenant’s plans and specifications shall in no event relieve Tenant and the architect and the engineer of the responsibility for such design. Landlord’s approval All plans and specifications shall be prepared in accordance with all applicable Laws and the capacities of the contractors Building allocated to perform the Initial Alterations shall Expansion Premises and not be unreasonably withheld, conditioned or delayedexceed those capacities unless Tenant agrees to pay for any necessary costs to increase such capacities. The parties agree that Landlord’s approval of the general contractor completed construction drawings, plans and specifications, as approved, are sometimes referred to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (a) does not have trade references reasonably acceptable to Landlord, (b) does not maintain insurance herein as required pursuant to the terms of the Lease, (c) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, or (d) is not licensed as a contractor in the state/municipality in which the Premises is located. “Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractorImprovement Plans.”

Initial Alterations and Allowance. A. Tenant, following (i) 4.01 Promptly after the delivery to Tenant of each portion of the Premises by Landlord with Premises, Tenant shall commence the Initial Landlord Alterations Substantially Complete (i.e., the Delivery Date), and (ii) the full and final execution and delivery construction of the Lease to which this Exhibit D is attached and all prepaid rental, the Security Deposit and insurance certificates required under the Lease, shall have the right to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the respective component of the Premises unless and until Tenant has complied thereafter shall diligently prosecute the Initial Alterations to completion. All of the Initial Alterations shall be considered to be an Alteration and shall be performed in accordance with all of and subject to the terms and conditions of Section 9 10 and this Section 4. Unless Tenant and Landlord agree that Landlord will serve as general contractor or construction manager, Landlord shall not be entitled to any compensation, overhead charges, review fees or any payments whatsoever, in connection with the Initial Alterations. Notwithstanding any provision herein to the contrary, (i) Tenant shall have the right, at Tenant’s sole cost and expense, to install interconnecting stairways between floors of the LeasePremises, includingsubject to Landlord’s approval of the specifications only, without limitation, approval by Landlord (which approval shall not be unreasonably reasonably withheld, conditioned or delayed) , it being agreed that it shall not be unreasonable if Landlord withholds its consent to Alterations which materially, adversely affect the structure or any system of the final plans Building, and in all events, such Alterations shall be subject to the provisions of Section 10; and (ii) Tenant shall also have the right to use the existing fire egress stairwell for access and egress between full floors of the Initial Alterations Premises to the extent permitted by Law, and the contractors to be retained by Tenant to perform such Initial Alterations. Without limiting the foregoing, Tenant hereby agrees that Tenant shall be required permitted, at Tenant’s option, to use Landlord’s preferred vendors for any work involving improve the Building fire egress stairwell with carpeting, paint and the installation of light fixtures and card access readers/entry systems and/or the Building structure. Tenant shall be responsible for all elements on full floors of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld, conditioned or delayed. The parties agree that Landlord’s approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor other alterations as (a) does not have trade references reasonably are acceptable to Landlord in Landlord, ’s reasonable discretion and (b) does not maintain insurance as required pursuant to the terms of the Lease, (c) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, or (d) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractorcompliance with all Law.