Common use of Initial Work Clause in Contracts

Initial Work. The "Initial Work" shall include (i) the scope of work described on Exhibit D attached hereto (the "Initial Tenant Improvements"), which scope of work has been approved by Landlord, and (ii) ensuring that the existing electric meter measuring the electrical use at the Premises and the account therefor shall be in Tenant's name and not the name of the previous tenant of the Premises, which name change shall be at no cost or expense to Tenant. Tenant shall submit plans and specifications for the Initial Tenant Improvements to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to such plans and specifications within five (5) Business Days of Landlord's receipt thereof Landlord shall provide Tenant with an allowance in the amount of the Allowance set out in Section 1.1 hereof, which allowance shall be applied to the cost and expense of the Initial Tenant Improvements. If Tenant completes the Initial Tenant Improvements, Landlord shall pay the Allowance to Tenant within thirty (30) days following the occupancy by Tenant of the Premises for business purposes and receipt by Landlord of signed final waivers or final releases of any and all liens or claims by all contractors relating to the Initial Work, in form reasonably acceptable to Landlord. Tenant shall have the Initial Tenant Improvements completed in a good and workmanlike manner, in accordance with Article 7 hereof.

Initial Work. The "Within a reasonable period of time after the date of full execution of the Lease, Tenant shall cause plans and specifications (the “Plans and Specifications”) to be prepared for all work to be performed in the Premises in preparation for the commencement of Tenant’s business therein (the “Initial Work" shall include (i”) the scope of work described on Exhibit D attached hereto (the "Initial Tenant Improvements"), which scope of work has been approved by Landlord, such Plans and (ii) ensuring that the existing electric meter measuring the electrical use at the Premises and the account therefor Specifications shall be in Tenant's name and not based upon the name of the previous tenant current “as built” condition of the Premises, which name change . The Plans and Specifications and Tenant’s choice of architect shall be at no cost or expense subject to Tenant. Tenant shall submit plans and specifications for the Initial Tenant Improvements to Landlord for its Landlord’s approval, which such approval shall not to be unreasonably withheld, conditioned or delayed. Within ten (10) business days after Tenant’s submission of the Plans and Specifications to Landlord, Landlord shall either approve the Plans and Specifications or disapprove the Plans and Specifications (with reasonable detail as the reason for such disapproval). Landlord covenants and agrees that Tenant, as part of its Initial Work, may construct a loading dock in the Northwest corner of the Building. If Landlord fails to respond within such ten (10) business day period, Tenant shall send Landlord a second notice, informing Landlord of its failure to respond to the original request for consent. If Landlord shall fail to respond within three (3) business days after receipt of Tenant’s second notice, Landlord’s approval of the Plans and Specifications shall be deemed granted. If Landlord disapproves Tenant’s Plans and Specifications, Tenant with respect to such plans and specifications shall, within five (5) Business Days of Landlord's receipt thereof business days thereafter, resubmit the Plans and Specifications after revision, and Landlord shall provide Tenant with an allowance in the amount of the Allowance set out in Section 1.1 hereofagain approve or disapprove same as described above; provided, which allowance shall be applied to the cost and expense of the Initial Tenant Improvements. If Tenant completes the Initial Tenant Improvementshowever, Landlord shall pay the Allowance to Tenant respond within thirty three (303) days following the occupancy by Tenant business days, rather than ten (10) business days. The foregoing procedure shall be followed until Landlord’s approval of the Premises for business purposes Plans and receipt Specifications. A set of the approved Plans and Specifications shall be initialed by Landlord and Tenant and attached hereto. Following Landlord’s approval of signed final waivers or final releases of any the Plans and all liens or claims by all Specifications, Tenant shall seek at least three (3) bids from contractors relating reasonably acceptable to Landlord to perform the Initial Work, in form reasonably acceptable to Landlord. Tenant and Landlord (or its affiliate) shall have the right to be one of the bidders to perform the Initial Work. Whether or not Landlord, or Landlord’s affiliate, performs the Initial Work, Landlord agrees to pay up to $30.00 per rentable square foot of the Premises towards all hard and soft costs of the Initial Work (“Landlord’s Contribution”), which distributions from Landlord’s Contribution shall be paid directly to Tenant’s contractors, subcontractors and/or material suppliers engaged to perform the Initial Work. Disbursements from Landlord’s Contribution shall be made upon bills, receipts and/or invoices no more frequently than once per month. Notwithstanding anything to the contrary contained herein, Landlord shall not be required to make any disbursements from Landlord’s Contribution while there is a mechanic’s or other construction lien filed against the Property relating to Tenant’s Work, and if Tenant Improvements completed in a good and workmanlike manner, has failed to remove or bond over such lien in accordance with Article 7 hereofSection 15 of this Lease, Landlord shall have the right to deduct from disbursements the actual costs incurred by it, including reasonable legal fees, in connection with the removal of any such mechanic’s or construction lien. In addition to the foregoing, Landlord shall not be required to make any disbursements from Landlord’s Contribution for any component of the Initial Work which Landlord reasonably determines has not been performed substantially in accordance with the plans and specifications for the Initial Work approved by Landlord pursuant to this Rider. In the event that the cost to perform the Initial Work shall exceed $30.00 per rentable square foot of the Premises, Tenant shall be solely responsible for such excess costs.

Initial Work. The "Section 46.D of the Lease is hereby modified to provide the following: (a) All references in the Lease regarding the performance of the Initial Work to be performed by Landlord are hereby deleted in their entirety, including, without limitation, Section 46.D(7). In lieu thereof, Tenant shall be responsible for the performance of the Initial Work and agrees to hire a construction management company (the “CMC”), reasonably acceptable to Landlord, to perform (or cause to be performed) the Initial Work in compliance all Legal Requirements, the terms of this Lease and the Final Plans approved by Landlord. Landlord hereby approves Structure Tone as an approved CMC. Notwithstanding Tenant being responsible for the performance of the Initial Work" , Landlord agrees to assist Tenant and the CMC, at no cost to Tenant other than the CM Fee, in their performance of the Initial Work, as reasonably requested, by attending onsite meetings with Tenant, the CMC and/or other professionals involved in the performance of the Initial Work, overseeing the performance of the Initial Work, coordinating various aspects of the Initial Work and/or performing such other acts to facilitate the performance of the Initial Work amongst the various parties and governmental agencies involved in connection with the Initial Work. (b) Section 46.D(3) is hereby deleted in its entirety, and all references in the Lease to the Bids are hereby deleted in their entirety. (c) As of the Effective Date, the estimated cost to perform the Initial Work is [* * *], as more particularly described on Schedule 1 annexed hereto and made a part hereof (the “Estimated Project Costs”). The Estimated Project Costs is based on Proposed Plans (not Final Plans) dated September 4, 2014 and does not include costs associated with [* * *] (collectively, the “Additional Costs”). In order to ensure sufficient funds are available to complete the Initial Work (exclusive of the Additional Costs), Tenant shall include deliver to Landlord, simultaneously upon execution of this Amendment, in immediately available funds, an amount equal to [* * *] (the “Initial Fund”). The Initial Fund was determined by calculating the difference between the Estimated Project Costs and the aggregate amount of the Landlord Contribution, the Revolving Door Contribution and the Construction Allowance. Prior to incurring any Additional Costs, [* * *]. Landlord shall hold the Initial Fund in a non-interest bearing bank account and shall make disbursements therefrom to Tenant’s architect, engineer, expediter or to the CMC in accordance with Section 46.D(5)(c) as the Initial Work progresses. [* * *]. The Initial Fund is paid as a trust fund, similar to the provisions of Section 13 of the New York Lien Law, to be used only for the payment of the costs related to the Initial Work, and not as additional security for Tenant’s obligations under the Lease. Landlord and Tenant agree that the Initial Fund being paid on the date hereof shall be allocated as follows: (i) the scope amount of work described on Exhibit D attached hereto ([* * *] shall be paid directly to “Xxxxxx Xxxx Properties” to be applied towards the "Initial Tenant Improvements")CM Fee, which scope of work has been approved by Landlordamount shall be deemed due and payable on the date hereof, and (ii) ensuring that the existing electric meter measuring the electrical use at the Premises and the account therefor shall be in Tenant's name and not the name balance of the previous tenant of the PremisesInitial Fund, which name change shall be at no cost or expense to Tenant. Tenant shall submit plans and specifications for the Initial Tenant Improvements to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to such plans and specifications within five (5) Business Days of Landlord's receipt thereof Landlord shall provide Tenant with an allowance in the amount of the Allowance set out in Section 1.1 hereof, which allowance [* * *] shall be delivered to and held by Landlord in accordance with the provisions of this Lease (as amended in this First Amendment). The portion of the Initial Fund, if any, that is not applied to the cost and expense costs of the Initial Tenant ImprovementsWork, shall be refunded to Tenant. If Tenant completes [* * *].” (d) Section 46.D(4) is hereby deleted in its entirety. Upon request by the Initial Tenant Improvements, Landlord shall pay the Allowance to Tenant within thirty (30) days following the occupancy by Tenant of the Premises for business purposes CMC and after receipt by Landlord of signed final waivers or final releases of all necessary paperwork, including drawings with respect to the Final Plans, Landlord agrees to assist the CMC to obtain, at Tenant’s sole cost and expense, any and all liens or claims by all contractors relating to building permits required for the performance of the Initial Work, including, without limitation, any determinations necessary to obtain same. (e) Section 46.D(5)(c) is hereby deleted in form reasonably acceptable to Landlord. Tenant shall have its entirety and replaced with the Initial Tenant Improvements completed in a good and workmanlike manner, in accordance with Article 7 hereof.following new language:

Initial Work. The "Initial Notwithstanding anything to the contrary contained herein, Landlord shall, at its expense, perform, or cause to be performed, the work set forth on Exhibit B attached hereto and hereby made a part hereof, except that Tenant acknowledges that Landlord shall not install the wooden floors or the acoustical treatment described in Exhibit B (such work is herein collectively referred to as “Landlord’s Work" ”). Landlord’s Work shall include be performed in accordance with Legal Requirements using Building standard materials in a workmanlike manner. Tenant shall perform all other work (“Tenant’s Work”) necessary for it to use the demised premises as contemplated in this Lease and such work shall be performed in accordance with the Legal Requirements, at its sole expense, pursuant to plans, drawings and specifications therefor prepared by Tenant and submitted to, and approved by Landlord and subject to the terms of this Lease, including, without limitation, Article 10 hereof. If the substantial completion of the Landlord’s Work is delayed by reason of: (i) any act or omission of Tenant or any of its employees, agents or contractors; or (ii) any failure (not due to any act or omission of Landlord or any of its employees, agents or contractors) caused solely by Tenant or its agents to plan or execute Tenant’s Work (as hereafter defined) with reasonable speed and diligence, or (iii) any material changes by Tenant in the scope plans or specifications or any material changes or substitutions requested by Tenant; or (iv) Tenant’s failure to furnish plans, information, details and specifications Landlord requests from Tenant, or subsequent changes thereto; or (v) Tenant’s request for materials, finishes or installations other than Landlord’s standard as identified in Exhibit B hereto; or (vi) the performance or incompletion of work described by a party employed or retained by Tenant; then Landlord’s Work shall be deemed substantially completed on Exhibit D attached hereto the date when the same would have been substantially completed but for such delay and, in addition, Tenant shall pay to Landlord all costs and damages which Landlord may sustain by reason of such delay. Landlord agrees that it will use commercially reasonable efforts to complete the Landlord’s Work on or before the Commencement Date, provided that Tenant has satisfied the Documentary Requirements on or before April 15, 2009 and in such event, for each day after the Commencement Date that Landlord’s work has not been substantially completed, the Free Rent Period shall be extended by one day. If Tenant claims that some or all of Landlord’s Work have not been completed by Landlord upon the date Landlord notifies Tenant that Landlord has substantially completed Landlord’s Work, Tenant shall, within ten (10) days of said date (or ten (10) days following the "Initial date Tenant Improvements"opens for the transaction of business, whichever date shall be sooner), which scope submit to Landlord a written list of work has been approved the Landlord’s Work that Tenant claims remains to be performed by Landlord, and Landlord shall have forty five (ii45) ensuring that days thereafter to complete such work. If Landlord fails to complete such work, the existing electric meter measuring the electrical use at the Premises and the account therefor sole remedy of Tenant shall be to complete such work and Tenant shall have the right to set off the reasonable cost thereof from the rent due Landlord in Tenant's name order to reimburse Tenant for the cost and not the name expense of completion of the previous tenant work. Upon written request of the PremisesLandlord, which name change shall be at no cost or expense to Tenant. Tenant shall submit plans and specifications for the Initial Tenant Improvements to Landlord for its approvalwill, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to such plans and specifications within five (5) Business Days of Landlord's receipt thereof days following request, furnish to Landlord shall provide a written statement that Tenant with an allowance is in the amount occupancy of the Allowance set out in Section 1.1 hereofdemised premises, which allowance shall be applied to the cost and expense of the Initial Tenant Improvements. If Tenant completes the Initial Tenant Improvements, Landlord shall pay the Allowance to Tenant within thirty (30) days following the occupancy by Tenant of the Premises for business purposes and receipt by Landlord of signed final waivers or final releases of any and all liens or claims by all contractors relating to the Initial Work, in form reasonably acceptable to that Landlord. Tenant shall have the Initial Tenant Improvements ’s Work has been completed in a good and workmanlike manner, in accordance with Article 7 hereofLandlord’s obligations or in lieu thereof, a list of the work Tenant claims to be incomplete.

Initial Work. The Subject only to Sublessor's obligation to install the SQA demising wall, Sublessee shall be responsible, at its sole cost and expense, for the performance of all work necessary to prepare the Demised Premises for Sublessee's occupancy, which shall include the following, a portion of which is, shown in more detail on Exhibit B-1: moving the main entrance, constructing demising walls around Room 234 and renovation of Room 000, xxcluding replacement of the glass wall with a demising wall, closing up the existing doorway and constructing a new door way and repositioning the existing glass side-light, (collectively "Sublessee's Initial Work" shall include (i) the scope of work described on Exhibit D attached hereto (the "Initial Tenant Improvements"). Sublessee shall deliver to Sublessor full plans and specifications for all of Sublessee's Initial Work for Sublessor's review and approval on or before February 14, which scope of work has been approved by Landlord1997 and thereafter shall, promptly upon Sublessor's request, deliver the plans and specifications (iiwith such modifications as Sublessor shall have reasonably requested) ensuring that the existing electric meter measuring the electrical use at the Premises to Owner and the account therefor Sybase. Sublessor shall be in Tenantrespond to Sublessee's name and not the name request for approval of the previous tenant Sublessee's Initial Work within five (5) business days of the Premises, which name change shall be at no cost or expense to Tenant. Tenant shall submit receipt of such request together with full plans and specifications for the Initial Tenant Improvements proposed work and shall use diligent efforts to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to obtain Sybase's consent. If such plans and specifications have not been delivered by February 14, 1997 and/or the Sublessee's Initial Work not completed within five (5) Business Days of Landlord's receipt thereof Landlord shall provide Tenant with an allowance in the amount 14 days of the Allowance set out date (the "Plan Approval Date") upon which the consent thereto by Owner, Sybase and Sublessor have been obtained or, if later, the Consent Date (as defined in Section 1.1 hereof20) (the "Completion Date"), which allowance then Sublessee shall not be applied permitted to occupy or use for any purposes Room 234 at the cost Demised Premises until such work has been completed. Sublessee's Initial Work-shall comply in all respects with the requirements of this Sub-Sublease and expense of the Initial Tenant Improvements. If Tenant completes Sublease relating to alterations, including without limitation the Initial Tenant Improvementsapproval by Owner, Landlord shall pay Sybase and Sublessor of plans and specifications, the Allowance approval by Sublessor and Sybase of contractors and subcontractors, the provision by Sublessee to Tenant within thirty Sublessor and Sybase of as-built plans, and performance of such work in such a manner so as not to interfere with (30i) days following the occupancy by Tenant business operations of Sublessor, and its use of the Premises balance of the Sublease Premises, the Building and common areas or (ii) any alterations being performed by or for business purposes and receipt by Landlord of signed final waivers or final releases of any and all liens or claims by all contractors relating to the Initial Work, in form reasonably acceptable to Landlord. Tenant shall have the Initial Tenant Improvements completed in a good and workmanlike manner, in accordance with Article 7 hereof.Sublessor at the

Initial Work. The "Tenant shall have the right to contract for, administer and complete reasonable improvements within the Demised Premises in accordance with plans and specifications approved in writing by the Landlord (the “Initial Work" shall include (i) the scope of work described on Exhibit D attached hereto (the "Initial Tenant Improvements"”), which scope of work has been approved by Landlord, and (ii) ensuring that the existing electric meter measuring the electrical use at the Premises and the account therefor shall be in Tenant's name and not the name of the previous tenant of the Premises, which name change shall be at no cost or expense to Tenant. Tenant shall submit acknowledges that if Tenant uses an engineering firm other than GHT for plans and specifications for the Initial Tenant Improvements to Landlord for its approvalWork or any subsequent Alterations, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to such plans and specifications within five shall be reviewed by GHT on behalf of Landlord at the expense of Tenant, and that the cost of such review may be deducted from any allowance otherwise payable or reimbursable to or at the direction of Tenant The Initial Work shall be constructed pursuant to the terms of Sections 16.2 and 16.3 below and otherwise in compliance with the Landlord’s rules and regulations for construction activities in the Building. The space planner for the Initial Work shall be Fox Architects, and the engineer shall be Bansal Associates. Landlord shall have the right to approve all contractors performing any work in the Demised Premises prior to the commencement of any work by such contractors, and Landlord shall have the right to require that the Tenant use Landlord’s designated contractor for any Structural Work (5) Business Days of Landlord's receipt thereof as defined below). Landlord shall provide Tenant with an allowance in connection with the design and construction of the Initial Work not to exceed the sum of Twenty-five and No/100 Dollars ($25.00) per square foot of the Demised Premises (the “Tenant Allowance”), which Tenant Allowance shall be paid by Landlord to the Tenant (or the contractor) upon the presentation of approved invoices and waivers of mechanics and materialmen’s liens covering the portion of the Initial Work for which the Tenant seeks reimbursement. Reimbursements from the Tenant Allowance shall be made not more than once every month, and the amount of the Tenant Allowance set out in Section 1.1 hereof, which allowance shall be applied available to Tenant until March 31, 2006, at which time any amounts remaining in the cost Tenant Allowance shall be deemed forfeited and expense of the Initial Tenant Improvementsshall receive no further reimbursement or credit for such amounts. If In addition to providing the Tenant completes the Initial Tenant ImprovementsAllowance, Landlord shall pay the Allowance to Tenant within thirty (30or the contractor) days following the occupancy cost of installing all demising walls and corridor walls with 5/8” gypsum drywall, taped, spackled and sanded, ready to receive paint. Such work shall be performed by Tenant Tenant’s contractor, subject to Landlord’s prior written approval of the Premises for business purposes and receipt cost thereof. Such amounts shall be paid by Landlord to the Tenant (or the contractor) upon the presentation of signed final approved invoices and waivers or final releases of any mechanics and materialmen’s liens covering such work. Landlord shall demolish and remove, at Landlord’s expense, the following items located in the data center located on the Demised Premises prior to the Lease Commencement Date: (a) all raised floor panels, ramps, stairs and associated pedestals (including all mastic holding such pedestals in place), (b) four (4) Liebert air conditioning units (one (1) of which is located in the premises adjacent to the Demised Premises) with associated piping located under the existing raised floor, (c) uninterruptable power supply and associated batteries, (d) power distribution unit with associated wiring back to the existing electrical panel, (e) cable tray and all liens wiring under the existing raised floor, and (f) smoke detectors, fire alarm and fire alarm panel under the existing raised floor. In no event shall Landlord be obligated to perform any other work or claims by all contractors relating expend any costs or sums in addition to the Initial WorkTenant Allowance, in form reasonably acceptable to LandlordTenant acknowledges that Landlord has previously paid Tenant a test fit allowance as agreed by the parties. Tenant shall have the Initial Tenant Improvements completed in a good and workmanlike manner, in accordance with Article 7 hereof.[data center in/on]

Initial Work. (a) The "plans (the “Plans”) for the interior finish and layout of initial improvements to the Premises (the “Initial Work" ”), prepared by Landlord, at Landlord’s sole cost and expense are attached hereto as Exhibit A-2. (b) Promptly after the date of mutual execution and delivery hereof, Landlord shall include solicit general contractor bids for the Initial Work. (c) The Premises shall be deemed ready for occupancy on the first day after the Initial Work has been substantially completed (the “Substantial Completion Date”) except for items of work which can be completed after occupancy has been taken without preventing Tenant from operating at the Premises (i.e. so-called “punch list” items) and Tenant has been given notice thereof. Landlord shall complete all “punch list” items within a reasonable time after the date of such notice, and Tenant shall afford Landlord access to the Premises for such purposes. (d) Tenant shall give Landlord notice, not later than two (2) calendar months after the Substantial Completion Date, of any respects in which Landlord has not performed the Initial Work fully, properly and in accordance with the terms of this Lease. Except as identified in any such notice from Tenant to Landlord, Tenant shall have no right to make any claim that Landlord has failed to perform any of the Initial Work fully, properly and in accordance with the terms of this Lease (except for punch list items, to which Tenant may object on or before that date which is two (2) calendar months after the completion thereof). (e) If a delay shall occur in the Substantial Completion Date as the result of: (i) any request by Tenant that Landlord delay the scope commencement, continuance or completion of work described on Exhibit D attached hereto (the "Initial Tenant Improvements"), which scope of work has been approved by Landlord, and Work; (ii) ensuring that any material change by Tenant to any of the existing electric meter measuring Plans after initial approval thereof by Tenant; (iii) any other act or omission by Tenant or its Agents or independent contractors; or (iv) any reasonably necessary displacement of any of the electrical use at Initial Work from its place in Landlord’s construction schedule resulting from any of the Premises causes for delay referred to in this subsection (e) and the account therefor shall be in Tenant's name fitting of such Initial Work back into such construction schedule; then Tenant shall, from time to time and not the name of the previous tenant of the Premiseswithin ten (10) days after demand therefor, which name change shall be at no cost or expense to Tenant. Tenant shall submit plans and specifications for the Initial Tenant Improvements pay to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, and Landlord agrees to respond to Tenant with respect to each day of such plans and specifications within five (5) Business Days of Landlord's receipt thereof Landlord shall provide Tenant with an allowance in delay the amount of the Allowance set out Basic Rent and Additional Rent that would have been payable hereunder had Tenant’s obligation to pay Basic Rent and Additional Rent commenced immediately prior to such delay. The delays referred to in Section 1.1 hereof, which allowance shall be applied this subsection (e) are herein referred to the cost collectively and expense of the Initial Tenant Improvements. If Tenant completes the Initial Tenant Improvements, Landlord shall pay the Allowance to Tenant within thirty (30) days following the occupancy by Tenant of the Premises for business purposes and receipt by Landlord of signed final waivers or final releases of any and all liens or claims by all contractors relating to the Initial Work, in form reasonably acceptable to Landlord. Tenant shall have the Initial Tenant Improvements completed in a good and workmanlike manner, in accordance with Article 7 hereofindividually as “Tenant’s Delay.”