Common use of Initial Improvements Clause in Contracts

Initial Improvements. Subtenant may, at its option and subject to the provisions of the Prime Lease, including, without limitation, Article 8 thereof, complete certain initial improvements to prepare the Demised Premises for Subtenant’s occupancy thereof as described in the Work Letter Agreement attached hereto and made a part hereof as Exhibit B (the “Initial Improvements”), at Subtenant’s sole cost and expense without any contribution or improvement allowance from Sublandlord described in the Work Letter Agreement attached hereto and made a part hereof as Exhibit B); provided, however, Subtenant shall not make or permit anyone to make any Initial Improvements without the prior written consent of Sublandlord, which shall not be unreasonably withheld or delayed, and of Prime Landlord in accordance with the Prime Lease. In connection with the foregoing, Subtenant shall submit to Sublandlord, for prior written approval by Sublandlord, which shall not be unreasonably withheld or delayed, and Prime Landlord, complete plans and specifications for any and all Initial Improvements; including, without limitation, schematic designs and work drawings. Any and all costs and expenses associated with the acquisition of cabling, equipment, furniture, security systems, or other personal property for Subtenant or the Demised Premises or the installation or placement of any of the foregoing within the Demised Premises or with the project management for the performance of the Initial Improvements (collectively, “Subtenant’s Personal Property and Services”), shall be paid for by and be the sole responsibility of Subtenant. Sublandlord acknowledges and agrees that Subtenant shall not be required to remove any Initial Improvements upon the expiration or earlier termination of this Sublease unless the removal is required by Prime Landlord or Sublandlord is otherwise obligated to pay Prime Landlord the costs of any removal of any Initial Improvements pursuant to Section 8(e) of the Prime Lease.

Initial Improvements. Subtenant mayshall, at its option Subtenant’s sole cost and subject to expense, be responsible for the provisions construction of the Prime Lease, including, without limitation, Article 8 thereof, complete certain any initial improvements to prepare the Demised Premises for Subtenant’s occupancy thereof as described in the Work Letter Agreement attached hereto and made a part hereof as Exhibit B (the “Initial Improvements”), at Subtenant’s sole cost and expense without any contribution or improvement allowance from Sublandlord described in subject to the Work Letter Agreement attached hereto and made a part hereof as Exhibit B); provided, however, Subtenant shall not make or permit anyone to make any Initial Improvements without the prior written consent of SublandlordSublandlord and Master Landlord, which shall not may be unreasonably granted or withheld or delayed, and of Prime Landlord in accordance with the Prime terms of the Master Lease. In connection The Initial Improvements shall be constructed in a first class manner, in compliance with all Applicable Laws, and in accordance with Section 9 of the Master Lease as incorporated in this Sublease. Notwithstanding the foregoing, Subtenant subject to the approval of Master Landlord and provided that Sublandlord shall submit to Sublandlordhave no liability with respect thereto, for prior written approval by Sublandlord, which shall not be unreasonably withheld or delayed, and Prime Landlord, complete plans and specifications for any and all Initial Improvements; including, without limitation, schematic designs and work drawings. Any and all costs and expenses associated with the acquisition of cabling, equipment, furniture, security systems, or other personal property for Subtenant or the Demised Premises or the installation or placement of any of the foregoing within the Demised Premises or with the project management for the performance of the Initial Improvements (collectively, “Subtenant’s Personal Property and Services”), shall be paid for by and be the sole responsibility of Subtenant. Sublandlord acknowledges and agrees that Subtenant shall not be required to remove any the Initial Improvements upon at the expiration or earlier termination of this Sublease unless the removal is required by Prime Landlord or Sublandlord is otherwise obligated to pay Prime Landlord the costs of any removal of any Initial Improvements pursuant to Section 8(e) end of the Prime LeaseTerm. Subtenant shall contract directly with a reputable architectural firm of Subtenant’s choosing, but subject to Sublandlord’s approval (which shall not be unreasonably withheld, conditioned or delayed), for the construction of the Initial Improvements. In addition, Subtenant shall directly engage any and all contractors, engineers, and suppliers of Subtenant’s choice for the construction of the Initial Improvements. Sublandlord shall not earn or otherwise be entitled to any management or supervisory fee related to the Initial Improvements; provided, however, in the event Sublandlord incurs out-of-pocket costs associated with the review of Subtenant’s plans, Subtenant shall reimburse Sublandlord for all such actual and reasonable costs.

Initial Improvements. Subtenant Reliant may, at its option and subject to the provisions of the Prime Lease, including, without limitation, Article 8 thereof, and the Sublease, including, without limitation, Section 1.c, thereof, complete certain initial improvements to prepare the Demised Subleased Premises for SubtenantReliant’s occupancy thereof as more particularly described in the Work Letter Agreement (“Workletter”) attached hereto and made a part hereof as Exhibit B D (the “Initial Improvements”), at SubtenantReliant’s sole cost and expense without any contribution or improvement allowance from Sublandlord Mercury except for the Allowance described in the Work Letter Agreement attached hereto and made a part hereof as Exhibit B)Workletter; provided, however, Subtenant Reliant shall not make or permit anyone to make any Initial Improvements without the prior written consent of SublandlordMercury, which shall not be unreasonably withheld or delayed, and of Prime Landlord in accordance with the Prime LeaseLease and of Master Sublandlord in accordance with the Sublease. In connection with the foregoing, Subtenant Reliant shall submit to SublandlordMercury, for prior written approval by SublandlordMercury, which shall not be unreasonably withheld or delayed, and Prime LandlordLandlord and Sublandlord, complete plans and specifications for any and all Initial Improvements; , including, without limitation, schematic designs and work drawings. Any and all costs and expenses associated with the acquisition of cabling, equipment, furniture, security systemssystems (other than the card key/badge access system to be maintained by Mercury pursuant to this Sub-Sublease), or other personal property for Subtenant Reliant or the Demised Subleased Premises or the installation or placement of any of the foregoing within the Demised Subleased Premises or with the project management for the performance of the Initial Improvements (collectively, “SubtenantReliant’s Personal Property and Services”), shall be paid for by and be the sole responsibility of SubtenantReliant, and the Allowance shall not be applicable thereto. Sublandlord Mercury acknowledges and agrees that Subtenant Reliant shall not be required to remove any Initial Improvements upon the expiration or earlier termination of this Sublease unless the Sub-Sublease, and that if removal is required by Prime Landlord or Sublandlord is otherwise obligated to pay Prime Landlord Sublandlord, the obligation for such removal and the costs in connection therewith shall be the responsibility of any removal of any Initial Improvements pursuant to Section 8(e) of the Prime LeaseMercury.

Initial Improvements. Subtenant may(a) Landlord shall perform or cause to be performed, at its option and subject to in each Block, the provisions of the Prime Lease, including, without limitation, Article 8 thereof, complete certain initial improvements to prepare the Demised Premises for Subtenantwork described on Exhibit G (“Landlord’s occupancy thereof as described in the Work Letter Agreement attached hereto and made a part hereof as Exhibit B (the “Initial ImprovementsWork”), . All of Landlord’s Work shall be performed by Landlord at SubtenantLandlord’s sole cost and expense without any contribution expense. Subject . to delays by reason of Force Majeure and Tenant Delay, Landlord shall, with respect to each Block (other than the Delivered Blocks) (A) substantially complete Landlord’s Work which, as set forth in Exhibit G, is a condition to delivery of such Block, on or improvement allowance from Sublandlord described before the applicable Commencement Date and (B) substantially complete such items of Landlord’s Work which, as set forth in Exhibit G, are not a condition to delivery of such Block, on or prior to the date set forth in Exhibit G and if no date is set forth therein, then on the date that Tenant has substantially completed its Initial Alterations in the Work Letter Agreement attached hereto applicable Block and made a part hereof shall have given Landlord thirty (30) days’ notice thereof. Tenant shall remove Xxxxxx’s Property from the Delivered Blocks and shall vacate and deliver to Landlord possession of the Delivered Blocks. Any items of Tenant’s Property which remain in the Block B Space and the Block C Space after delivery of possession thereof to Landlord may, at the option of Landlord be deemed abandoned, and may be disposed of by Landlord, without accountability in such manner as Exhibit B); Landlord shall determine at Tenant’s reasonable expense. Tenant is not required to deliver all of the Delivered Blocks simultaneously to Landlord, but may deliver the Delivered Blocks in installments, provided, howeverthat each such delivery shall consist of full floor units or any space which was delivered to Tenant by landlord on the date hereof in less than full floor units. Subject to delay, Subtenant by reason of Force Majeure and Tenant Delay, Landlord shall not make or permit anyone with respect to make any Initial Improvements without the prior written consent of Sublandlord, which shall not be unreasonably withheld or delayed, and of Prime Landlord in accordance with the Prime Lease. In connection with the foregoing, Subtenant shall submit to Sublandlord, for prior written approval by Sublandlord, which shall not be unreasonably withheld or delayed, and Prime Landlord, complete plans and specifications for any and all Initial Improvements; including, without limitation, schematic designs and work drawings. Any and all costs and expenses associated with the acquisition of cabling, equipment, furniture, security systems, or other personal property for Subtenant or the Demised Premises or the installation or placement of any each of the foregoing Delivered Blocks (x) substantially complete Landlord’s Work which, as set forth in Exhibit G, is a condition to delivery of such Delivered Block, within thirty (30) days after the Demised Premises or with the project management for the performance later of fifteen (15)-days after Tenant shall have notify Landlord of the date it intends to vacate the Delivered Block and the date Tenant delivers to Landlord vacant session of the Delivered Block in the condition required in this Section 4.01 (the date Tenant so delivers to Landlord vacant possession of the Delivered Block is the “Tenant Delivery Date” and the day after such thirty (30) days is the “Stated Second Commencement Date”) and (y) substantially complete such items of Landlord’s Work which, as set forth in Exhibit G, is not a condition to delivery of such Blocks, on or prior to the date set forth in Exhibit G and if no date is set forth therein, then on the date that Tenant has substantially completed its Initial Improvements Alterations, in the applicable Delivered Block and shall have given Landlord thirty (collectively30) days’ notice thereof. On the applicable Commencement Date and Second Commencement Date, Tenant shall accept the Blocks in “Subtenant’s Personal Property and Services”)as is” condition on such date, shall be paid for by and be subject only to the sole responsibility of Subtenant. Sublandlord acknowledges and agrees that Subtenant shall not be required to remove any Initial Improvements upon the expiration or earlier termination requirements of this Sublease unless the removal is required by Prime Landlord or Sublandlord is otherwise obligated to pay Prime Landlord the costs of any removal of any Initial Improvements pursuant to Section 8(e) of the Prime Lease.4.01. All initial improvements which do not constitute Landlord’s Work shall constitute Alterations

Initial Improvements. Subtenant mayLandlord shall cause to be constructed, in a good workmanlike manner, the improvements (herein, the “Tenant Improvements”) to the Premises reflected in the space plans attached to the Lease as Exhibit C-1 (the “Preliminary Space Plans”). The Tenant Improvements shall be performed at Tenant’s cost to the extent only in excess of the Improvement Allowance. Notwithstanding anything to the contrary herein or in the Lease, Tenant shall be responsible, at its option own expense (and subject to the provisions not as part of the Prime LeaseImprovement Allowance), for the installation and construction of all tenant-specific improvements, including, without limitation, Article 8 phone, computer and similar cabling and wiring; any panel to panel electrical and other data cabling required for work stations, cubicles and other office furniture systems; security and access systems; and all office furniture and associated hardware therefor. Landlord shall prepare any necessary construction drawings for the construction of the Tenant Improvements, shall promptly seek from the appropriate governmental authorities the issuance of all necessary building permits, and, upon receipt thereof, complete certain initial improvements shall promptly commence and diligently pursue to prepare completion the Demised Premises construction of the Tenant Improvements. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Tenant Improvements and the Change Orders (hereinafter defined). Such project management services shall be performed, at Tenant’s cost, for Subtenant’s occupancy thereof as described in a fee of three percent (3%) of all hard construction costs for the Work Letter Agreement attached hereto Tenant Improvements and made a part hereof as Exhibit B Change Orders (the “Initial ImprovementsConstruction Management Fee”), at Subtenant’s sole cost . Landlord warrants and expense without any contribution or improvement allowance from Sublandlord described in represents to Tenant that the Work Letter Agreement attached hereto Premises and made a part hereof as Exhibit B); provided, however, Subtenant the Tenant Improvements shall not make or permit anyone to make any Initial Improvements without the prior written consent of Sublandlord, which shall not be unreasonably withheld or delayed, and of Prime Landlord in accordance comply with the Prime Lease. In connection with the foregoing, Subtenant shall submit to Sublandlord, for prior written approval by Sublandlord, which shall not be unreasonably withheld or delayed, and Prime Landlord, complete plans and specifications for any and all Initial Improvements; including, without limitation, schematic designs and work drawings. Any and all costs and expenses associated with the acquisition of cabling, equipment, furniture, security systems, or other personal property for Subtenant or the Demised Premises or the installation or placement of any of the foregoing within the Demised Premises or with the project management for the performance of the Initial Improvements (collectively, “Subtenant’s Personal Property and Services”), shall be paid for by and be the sole responsibility of Subtenant. Sublandlord acknowledges and agrees that Subtenant shall not be required to remove any Initial Improvements Applicable Laws upon the expiration or earlier termination of this Sublease unless the removal is required by Prime Landlord or Sublandlord is otherwise obligated delivery thereof to pay Prime Landlord the costs of any removal of any Initial Improvements pursuant to Section 8(e) of the Prime LeaseTenant.