Common use of Initial Tenant Improvements Clause in Contracts

Initial Tenant Improvements. The initial improvements to the Premises shall be made in accordance with this Section 8.1. Landlord, through its general contractor approved by Tenant, shall construct the Premises, perform the work and make the installations in the Premises, at Landlord’s cost, pursuant to the plans and specifications described on Exhibit B hereto (the "Leasehold Improvements"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "Landlord's Work". In conducting the removal work, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Work. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages in connection with construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord a list of punch list items within 30 days after Xxxxxx's acceptance of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense, shall be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to Tenant and its consultants and contractors to the main telephone service serving the Premises for which access is needed for proper installation of all such facilities and equipment including, but not limited to, wiring. Tenant shall have the right to enter the Premises at reasonable times during the course of the Leasehold Improvements work in order to install such facilities and equipment. Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow the Leasehold Improvements and the installation of such facilities and equipment to be completed in a timely and cost-effective manner.

Initial Tenant Improvements. The initial improvements (a) Following execution of this Lease, Tenant shall provide to Landlord, for Landlord's reasonable approval, a full set of architectural plans and specifications ("Plans") to the extent necessary for the build-out of the Premises ("Initial Tenant Improvements") and capable of being presented for the purposes of obtaining all applicable building permits from the City of Chicago. The Plans shall be made in accordance with this Section 8.1. Landlord, through its general contractor prepared by a reputable architect selected by Tenant and approved by Landlord and shall be paid for by Tenant, shall construct the Premises, perform the work and make the installations except as set forth in the PremisesSection 10.5(c) below. Landlord may engage, at Landlord’s cost's sole cost and expense, pursuant an architect to review the plans and specifications described on Exhibit B hereto (the "Leasehold Improvements"). In additionPlans, upon substantial completion of the Premises and after in which event Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant cause its architect to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "coordinate with Landlord's Work"architect. In conducting the removal workIf needed, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Work. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages in connection with construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord a list of punch list items within 30 days after Xxxxxx's acceptance of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenantengage, at Tenant's sole cost and expense, a permit expediter, approved by Landlord. Upon receipt of Landlord's approval of the Plans, Tenant shall present the Plans to contractors for bids. All contractors bidding on the Initial Tenant Improvements shall be subject to Landlord's prior reasonable approval, which approval shall not be unreasonably withheld. Tenant shall construct or cause to be constructed in the Premises, all improvements in accordance with the provisions of this Lease, and all applicable laws, codes, ordinances, statutes and regulations. Tenant shall be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to Tenant and its consultants and contractors to the main telephone service serving all utilities consumed in the Premises for which access is needed for proper installation during the construction of all such facilities and equipment including, but not limited to, wiringthe Initial Tenant Improvements. Tenant shall have the right to enter the Premises at reasonable times also reimburse Landlord for its actual costs for rubbish removal during the course construction of the Leasehold Initial Tenant Improvements work in order to install such facilities and equipment. Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow the Leasehold Improvements and the installation of such facilities and equipment to be completed in a timely and cost-effective mannerif rubbish removal is not provided directly by Tenant's contractor.

Initial Tenant Improvements. The initial improvements Upon the date Landlord notifies Tenant of Landlord's delivery of possession of the Building to Tenant, Tenant may to the extent not already completed by Landlord, undertake the Improvements to the Premises which are required to adapt it to Tenant's use. Provided however, that such Improvements shall be made in accordance with this Section 8.1the Approved Plans and shall be in compliance with such Applicable Laws. Any and all change orders, which involve appearance or structural changes from the Approved Plans, shall require the approval of Landlord, through its general contractor which shall not be unreasonably withheld. If said approval, or disapproval which specifies the items and reasons for which Landlord is objecting, is not received by Tenant within five (5) business days after receipt of said changes by the Landlord, Tenant may deem the changes approved by Tenant, shall construct the Premises, perform the work and make the installations in the Premises, at Landlord’s cost, pursuant to the plans and specifications described on Exhibit B hereto (the "Leasehold Improvements"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "Landlord's Work". In conducting the removal work, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Workproceed. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging obtaining any and all permits required for the commencement of such construction and occupancy of the areas upon completion thereof. Tenant agrees that any and all inspections required by Xxxxxx's Bureau construction will be done in a good and workmanlike manner, diligently prosecuted to completion, and in accordance with all Applicable Laws and the approved plans therefor. During the course of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Tenant Improvements and any subsequent permitted Alterations pursuant to Paragraph 6A above, Tenant or its contractor shall comply maintain in effect a policy of "builder's all risk" insurance covering such work, in such form and amounts, and such other insurance, as may be reasonably required by Landlord. Following completion of the Tenant Improvements and any subsequent permitted Alterations pursuant to Paragraph 6A above, Tenant shall (i) record a notice of completion in accordance with all applicable disabled access lawsApplicable Laws, if applicable, and (ii) deliver to Landlord a set of ''as built" plans and specifications for the Premises. Except for the negligent acts of Landlord, Tenant agrees to indemnify, defend and hold Landlord harmless from and against any loss, damage, claim, liability or expense (including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successorattorneys' fees and expenses) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages whatsoever in connection with the performance of such Tenant Improvements or Alterations construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, work and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements if Landlord shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord named as a list of punch list items within 30 days after Xxxxxx's acceptance of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval party of any governmental litigation brought as a result of any acts or regulatory authority with jurisdiction over the Premisesomissions of Tenant relating to said construction, Tenant agrees to likewise indemnify, defend and nothing herein shall limit Landlord’s obligations to obtain hold harmless Landlord in such action and reimburse Landlord for all such approvals. costs and expenses, including reasonable attorneys' fees and expenses, incurred by Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense, shall be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to Tenant and its consultants and contractors to the main telephone service serving the Premises for which access is needed for proper installation of all such facilities and equipment including, but not limited to, wiring. Tenant shall have the right to enter the Premises at reasonable times during the course of the Leasehold Improvements work in order to install such facilities and equipment. Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow the Leasehold Improvements and the installation of such facilities and equipment to be completed in a timely and cost-effective mannerconnection therewith.

Initial Tenant Improvements. The initial improvements Tenant, at the Tenant’s expense, shall commence within seven (7) days after obtaining all applicable building permits and the Landlord’s approval of the Plans but in no event later than August 15, 2012, to construct the Tenant Improvements to the Premises more particularly described in the attached Exhibit D. Prior to the commencement of the Tenant Improvements, the Authority shall be made permitted to post notices of non-responsibility at the Premises in accordance with this California Civil Code Section 8.13094. LandlordWithin one hundred and twenty (120) days after the Commencement Date, through its general contractor approved by Tenant, shall construct the Premises, perform the work and make the installations in the Premises, at Landlord’s cost, pursuant to the plans and specifications described on Exhibit B hereto (the "Leasehold Improvements"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "Landlord's Work". In conducting the removal work, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Work. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages in connection with construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord for its written approval two (2) set each of fully dimensioned one-quarter inch (1/4”) scale drawings (the “Plans”) all in conformity with the Tenant Improvements, as described in Exhibit D, showing a list of punch list items within 30 days after Xxxxxx's acceptance complete floor plan of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense, shall be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to Tenant and its consultants and contractors to the main telephone service serving the Premises for which access is needed for proper installation of all such facilities and equipment including, but not limited to, wiringthe location of all utilities, lighting and electrical outlets, partitions, store front, trade fixtures plans and any other specifications which would affect the construction or design of the demised Premises. In addition, the Tenant shall provide interior elevators showing placement of displays, fixtures, mirrors and other wall treatments and a layout of the interior décor, which shall include furniture, equipment, materials and color schemes. The Landlord shall have fifteen (15) days within which to approve or disapprove the right Tenant’s Plans. If the Plans are disapproved, the Tenant shall make reasonable changes to enter the Premises Plans as are required by the Landlord and shall again submit two (2) sets to the Landlord for approval. The foregoing procedure shall be followed until a mutually satisfactory set of Plans is approved by the Landlord. Upon the Landlord’s approval of the Plans, the Tenant shall thereupon immediately proceed with due diligence, at reasonable its own expense (other than the Tenant Improvements Allowance), to install thereon the Tenant Improvements, and shall, upon final completion of the Tenant Improvements, furnish the Landlord with all certificates and approvals relating to any work or installations done by the Tenant that may be required by any governmental or insurance requirements. The Landlord shall have no responsibility for any loss of or damage to any of the Tenant’s property so installed or left on the Premises. At all times during the course Term, the Tenant shall maintain or cause the Tenant’s contractor(s) to maintain in effect insurance complying with this Lease. During the construction of the Leasehold Tenant Improvements, the Tenant shall not materially impair the Structural Integrity of the Building without the Landlord’s prior written consent, which shall be granted only upon the Owner consenting to such work pursuant to the Master Lease. The Tenant shall be responsible for obtaining all required approvals, permits, and licenses from required governmental authorities for the construction of the Tenant Improvements. The Tenant shall cause construction of the Tenant Improvements work in order to install such facilities be substantially completed no later than September 15, 2012 and equipmentshall, upon completion, deliver to the Landlord a copy of the certificate of occupancy issued by the City on completion of the construction of the Tenant Improvements. For the purposes of this Lease, the Tenant and Landlord shall be deemed to have completed the construction of the Tenant Improvements upon the City’s issuance of a certificate of occupancy for the Premises. Promptly following the completion of the Tenant Improvements the Tenant shall use their good faith efforts to coordinate any such activities to allow and occupy the Leasehold Improvements and Premises for the installation of such facilities and equipment to be completed in a timely and cost-effective mannerPermitted Use.

Initial Tenant Improvements. The initial improvements Landlord at its expense shall construct (a) the common area corridors on the floor in building standard condition (the “Corridor Work”) and (b) a new demising wall separating such corridor from the Additional Premises (studs and corridor-side sheetrock only to the point of turnover to Tenant for the commencement of Tenant’s Construction Work under Exhibit B hereto) (the “Demising Wall Work”). Within the common area corridor and other non-Tenant portion of the floor resulting from such demising work, Landlord is responsible for reconfiguration of life safety systems, HVAC, electrical wiring, painting, and finishing, and Tenant is responsible for reconfiguration of such elements within its Leased Premises shall be made in accordance (subject to reimbursement from the Tenant Work Allowance). The parties will reasonably cooperate with this Section 8.1. Landlord, through its general contractor approved each other to coordinate the Corridor Work (such that such work is substantially completed by the date Tenant, shall construct the Premises, perform the work and make the installations ’s Construction Work in the PremisesAdditional Premises is substantially completed) and the Demising Wall Work by Landlord (prior to the Delivery Date). Notwithstanding the foregoing, Landlord may, at Landlord’s costits election, pursuant to cause the plans and specifications described on Exhibit B hereto (Corridor Work and/or the "Leasehold Improvements"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work Demising Wall Work to be performed by Landlord hereunder are referred the contractor engaged by Tenant, pursuant to collectively as "a separate contract with Landlord's , in which event such work shall be performed concurrently with Tenant’s Construction Work". In conducting If Landlord’s contractor is performing the removal workDemising Wall Work, Landlord shall use commercially reasonable efforts to leave undamaged and in place substantially complete the existing electrical service conduit that provides electrical service to Demising Wall Work on or before the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary Delivery Date for the proper performance and completion of Landlord's WorkAdditional Premises. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting Notwithstanding the foregoing, construction if Tenant exercises the Initial Expansion Right for the balance of the Leasehold Improvements shall comply with all applicable disabled access lawsFloor 12 under Section 2.01(c) above, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. then Landlord shall pay prevailing wages not be obligated to perform any Corridor Work or Demising Wall Work in connection with construction the delivery of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Additional Premises and conduct its business the Expansion Premises under Section 2.01. All other preparation work for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord a list of punch list items within 30 days after Xxxxxx's acceptance of the Additional Premises, and Landlord shall diligently pursue to completion together with all such items. No approval by Tenant or any of its Agents of refurbishment work for the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Existing Subleased Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense, shall be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to performed by Tenant and its consultants and contractors to the main telephone service serving the Premises for which access is needed for proper installation of all such facilities and equipment including, but not limited to, wiring. Tenant shall have the right to enter the Premises at reasonable times during the course of the Leasehold Improvements work in order to install such facilities and equipment. Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow the Leasehold Improvements and the installation of such facilities and equipment to be completed in a timely and cost-effective manneraccordance with Exhibit B attached hereto.

Initial Tenant Improvements. Allowance. The initial leasehold improvements to the Premises shall be made in accordance with this Section 8.1. Landlord, through its general contractor approved constructed by Tenant, shall construct the Premises, perform the work and make the installations in the Premises, at Landlord’s cost, pursuant to the plans and specifications described on Exhibit B hereto Tenant (the "Leasehold Initial Tenant Improvements)"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "Landlord's Work". In conducting the removal work, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Work. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages in connection with construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord a list of punch list items within 30 days after Xxxxxx's acceptance of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense (except for the hereinbelow described "Allowance", are generally described in the preliminary plans and specifications (the "Preliminary Plans") identified on Attachment 1 to this Addendum and shall be constructed in accordance with the Final Plans to be submitted by Tenant and reviewed and approved by Landlord in accordance with the provisions of Paragraph (b) of this Addendum. Note: Landlord, at Landlord's sole cost and expense, shall construct the following improvements without regard to the tenant improvement maximum as stated below: - repair cracks and protrusions in warehouse floor - remove, cap, and back-fill existing floor drains in warehouse - reinstall two rows of fluorescent warehouse lighting (not to exceed six two- bulb 8' chain hung fluorescent fixtures per row) - remove inoperable electrical service panel/disconnect at exterior of electrical service room on interior of premises. Landlord shall have no obligation to construct or to pay for the construction of the Initial Tenant Improvements. However, in addition to Landlord's obligation to perform the Landlord's Improvements in accordance with Addendum 1 above, Landlord agrees to contribute toward the cost of construction of the Initial Tenant Improvements the cash sum of up to $72,750 (the "Allowance"). The construction costs that may be responsible for installing such facilities and reimbursed from the Allowance shall Include only the following: costs of labor, equipment, provided that Landlord shall furnish access to supplies and materials furnished for construction of the Initial Tenant Improvements; governmental fees and its consultants charges for required permits, plan checks, and contractors to inspections for the main telephone service serving the Premises Initial Tenant Improvements; charges for which access is needed Tenant's design professionals; and charges for proper Landlord's design professionals for review of plans and monitoring of construction or installation of all such facilities and equipment includingthe Initial Tenant Improvements. No other costs, but not limited to, wiring. Tenant shall have the right to enter the Premises at reasonable times during the course fees or expenses of the Leasehold Initial Tenant Improvements work in order to install such facilities and equipment. Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow be reimbursable out of the Leasehold Improvements and the installation of such facilities and equipment to be completed in a timely and cost-effective mannerAllowance.

Initial Tenant Improvements. The initial improvements to the Premises shall be made in accordance with this Section 8.1. Landlord, through its general contractor approved by Tenant, shall construct the Premises, perform the work and make the installations in the PremisesTenant agrees that, at Landlord’s cost, pursuant to the plans and specifications described on Exhibit B hereto (the "Leasehold Improvements"). In addition, upon substantial completion of the Premises and after Tenant has accepted delivery thereof, Landlord shall remove the existing Muni Operator restroom and passenger shelter, and the adjacent sidewalks. The Landlord shall install new sidewalks pursuant to Department of Public Works requirements. The Leasehold Improvements and the other work to be performed by Landlord hereunder are referred to collectively as "Landlord's Work". In conducting the removal work, Landlord shall use commercially reasonable efforts to leave undamaged and in place the existing electrical service conduit that provides electrical service to the existing bathroom and shelter. Landlord shall secure and pay for any building and other permits and approvals, government fees, licenses and inspections necessary for the proper performance and completion of Landlord's Work. Tenant will cooperate with Landlord in its efforts to obtain such permits and approvals. Landlord shall provide copies to Tenant promptly following receipt thereof. Landlord shall be responsible for arranging for all inspections required by Xxxxxx's Bureau of Building Inspection. Landlord shall comply with and give notices required by all laws, rules, regulations, ordinances, building restrictions and lawful orders of public authorities bearing on the Landlord's Work. Without limiting the foregoing, construction of the Leasehold Improvements shall comply with all applicable disabled access laws, including, without limitation, the requirements of the Americans with Disabilities Act of 1990, Title 24 of the California Code of Regulations (or its successor) and Tenant's requirements for program accessibility. Landlord shall pay prevailing wages in connection with construction of the Leasehold Improvement Work as further provided in Section 22.23 (Prevailing Wages), below, and shall not use tropical hardwood wood products, virgin redwood wood products as further provided in Section 22.25 (Tropical Hardwood and Virgin Redwood Ban), below. The Leasehold Improvements shall be deemed to be "substantially completed" for purposes of this Lease when they have been sufficiently completed so that Tenant can occupy the Premises and conduct its business for its intended uses in the reasonable judgment of Tenant, through its Director of Transportation or his designee. The Leasehold Improvements shall be deemed substantially completed and shall be approved by Tenant even though there may remain minor details that would not interfere with Tenant's use ("punch list items"). Tenant shall deliver to Landlord a list of punch list items within 30 days after Xxxxxx's acceptance of the Premises, and Landlord shall diligently pursue to completion all such items. No approval by Tenant or any of its Agents of the completion of the Leasehold Improvements for purposes of this Lease shall be deemed to constitute approval of any governmental or regulatory authority with jurisdiction over the Premises, and nothing herein shall limit Landlord’s obligations to obtain all such approvals. Landlord and Tenant acknowledge that Landlord shall complete the Leasehold Improvements exclusive of the installation of telecommunications, data and computer cabling facilities and equipment. Tenant, at Tenant's sole cost and expense, shall it will perform any and all work to be responsible for installing such facilities and equipment, provided that Landlord shall furnish access to Tenant and its consultants and contractors to the main telephone service serving done within the Premises so as to ready its business for which access is needed for proper installation of all such facilities opening and equipment operation within the Premises, including, but not limited to, wiringall work necessary for code compliance and occupancy permits. Tenant represents to Landlord that as of the execution of this Lease, Xxxxxx has inspected the physical nature and condition of the Premises to Tenant’s full satisfaction and has not relied upon any representation of Landlord or its agents as to the condition thereof or with respect to code compliance, except as expressly provided in this Lease. All improvements to be constructed by Xxxxxx in readying the Premises for Tenant’s business shall hereinafter be referred to as the “Initial Tenant Improvements”. The design and construction of the Initial Tenant Improvements shall be subject to the provisions of Section 4 hereof. Promptly following the completion of the Initial Tenant Improvements, Tenant shall provide Landlord with (i) a statement certified by Tenant and Tenant’s general contractor that the construction of the Initial Tenant Improvements has been completed in accordance with the provisions of this Section 1.11 (subject only to minor punchlist items, if applicable); (ii) final lien waivers from all contractors, subcontractors and materialmen who were involved with the construction of the Initial Tenant Improvements; and (iii) a copy of the final certificate of occupancy issued to Tenant for the Premises, as improved by the Initial Tenant Improvements, from the applicable municipal authority. Tenant shall have the right to enter not operate its business in the Premises at reasonable times during until Tenant has completed the course of the Leasehold Improvements work in order to install such facilities and equipment. Initial Tenant and Landlord shall use their good faith efforts to coordinate any such activities to allow the Leasehold Improvements and provided Landlord with the installation of such facilities and equipment to be completed documentation therefor, as provided in a timely and cost-effective mannerthe immediately preceding sentence.