Common use of Landlord Work Clause in Contracts

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full.

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Leaseshall, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's ’s sole cost and expense, all concurrently with Tenant’s construction of the Tenant Improvements, remove the existing demising wall and construct a Building standard demising wall at the Expansion Premises, which shall include studs, acoustical insulation and dry wall ready for finish on the Tenant side only and any necessary penetrations, fire dampers and sound traps (collectively, the “Demising Wall”), which Demising Wall shall be adjacent to the Expansion Premises as set forth on Exhibit A to this Amendment (collectively, the “Landlord Work”). Tenant may not change or alter the Landlord Work. Landlord shall use commercially reasonable efforts to Substantially Complete the Landlord Work no later than forty-five (45) days after the Expansion Delivery Date. In addition, Landlord shall, at Landlord’s sole cost and expense, to the extent required in order to allow Tenant to obtain a certificate of occupancy, or its legal equivalent, for the Expansion Premises for general office use assuming a normal and customary office occupancy density, cause the Landlord Work and the Building Common Areas (including the Base Building restrooms on the seventh (7th) floor of the Building), to comply with applicable building codes and other governmental laws, ordinances and regulations related to handicap access, which were enacted and enforced as of the date of this Amendment. Because Landlord shall be constructing the Landlord Work concurrently with Tenant’s construction of the Tenant Improvements, there will be a certain “overlap” period pursuant to which both Landlord’s representatives, employees, vendors and contractors and Tenant’s representatives, employees, vendors and contractors may be present and performing work in a portion of the Premises. During any such “overlap” period(s) when both parties and/or their respective employees, vendors, contractors or consultants are concurrently performing work in, or accessing, any portion of the Premises, neither party shall unreasonably interfere with or delay the work of the other party and/or its contractors or consultants, and both parties shall mutually coordinate and cooperate with each other, and shall cause their respective employees, vendors, contractors, and consultants to work in harmony with and to mutually coordinate and cooperate with the other’s employees, vendors, contractors and consultants, respectively, to minimize any interference or delay by either party with respect to the other party’s work. In addition, Landlord shall, and shall cause the other Landlord Parties to, use commercially reasonable efforts to minimize any interference with Tenant’s operations in the Existing Premises. Landlord shall have no obligation to move any furniture or other personal property of Tenant in the performance of Landlord Work. Tenant hereby agrees that the construction of the Landlord Work shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Except as otherwise expressly provided in the Lease (including this Tenant Work Letter), Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord Work, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions the Premises or of Tenant’s personal property or improvements resulting from the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth or Landlord’s actions in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of connection with the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of any inconvenience or annoyance occasioned by the Landlord Work from or Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate ’s actions in good faith and provide Tenant connection with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full.

Landlord Work. All There shall be no Landlord Work, except as provided in this Section 2. Notwithstanding anything in Section 7.01(b) of the work described Original Lease to the contrary, Landlord, at its sole cost and expense (and subject to inclusion in Operating Expenses to the extent permitted by Article 4 of the Original Lease), shall be performed by responsible for correcting any violations of Laws (including Title III of the ADA), as interpreted and enforced to apply to the exterior Common Areas of the Building as of the date Landlord delivers possession of the Expansion Space to Tenant (the “Delivery Date”), to the extent such violations of Laws are existing as of the Delivery Date in this paragraph 1 is collectively the exterior Common Areas of the Building (with any such corrections referred to herein as the "“Required Upgrades”). Landlord Work"shall have the right to contest any alleged Required Upgrades in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law; provided that Landlord shall diligently prosecute any such contest and appeal. All Landlord Work shall be performed Landlord, after the exhaustion of any and all rights to appeal or contest, will make or pay for (as applicable) all Required Upgrades required in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailersSection. In the event that Tenant becomes aware of Required Upgrades, Tenant shall give prompt, written, reasonably detailed notice thereof to Landlord defaults at (“Upgrade Notice”). Following Landlord’s receipt of Tenant’s Upgrade Notice, Landlord shall use commercially reasonable and diligent efforts, subject to Landlord’s right to dispute or appeal, in good faith, the Required Upgrades as set forth above, to complete the Required Upgrades as soon as practicable following the date of receipt of Tenant’s Upgrade Notice. Landlord and Tenant agree to reasonably cooperate with each other in order to enable the Required Upgrades to be performed in a timely manner and with as little inconvenience to the construction of the Tenant Improvements as is reasonably possible, and Tenant agrees to use commercially reasonable efforts to continue its planning and construction of the Tenant Improvements during the period of such Required Upgrades to the extent practicable and permitted by Law. Provided that Landlord is proceeding with diligence to complete the Required Upgrades in accordance with the foregoing provisions, Landlord shall not be subject to any time liability for any delays in completion of the Required Upgrades, nor shall Landlord be in default hereunder, nor shall such delay entitle Tenant to any component credit or abatement of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the rightrent, but not Landlord shall continue to proceed with diligence to complete the obligationRequired Upgrades as soon as practicable. For the avoidance of doubt, Landlord’s obligation to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of pay for the Landlord Work which Tenant elects to complete. Tenant may exercise the rights Required Upgrades as set forth in this paragraph 1(dabove shall include (but not be limited to) from time the obligation to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior pay for the following: any required changes to the date upon which Landlord would otherwise commence that portion parking lot slope and the performance of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and any upgrades required to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant sidewalk or ramp located outside the single door point of egress marked with reasonable assistance so that Tenant can complete said portions of a “*LR” (Landlord’s Responsibility) on the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant plan attached hereto as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullExhibit B-1.

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this LeaseLandlord, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's its sole cost and expense, all or shall complete any part work (the “Landlord Work”) necessary to ensure that the core lavatories on the 28th, 29th, and 30th floors of Landlord's the Building and the path of travel to and from the lavatories, the elevator, lobbies and stairwells in the Premises are in compliance with the Requirements; provided, however, Landlord shall not be obligated to complete any such work to the extent the application of such Requirements arises from the installation of Specialty Alterations. Tenant hereby acknowledges that Tenant shall be constructing the Initial Installations during the performance of the Landlord Work. Tenant further acknowledges that, notwithstanding Tenant’s construction of the Initial Installations during the performance of the Landlord Work, Tenant shall exercise this right by providing provide a clear working area for the performance of the Landlord Work. In connection therewith, Tenant shall cooperate with written notice thereofall reasonable Landlord requests in connection with the performance of the Landlord Work. Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s installations or construction of the Initial Installations arising from the performance of the Landlord Work, which notice nor shall reasonably detail those portions Tenant be entitled to any compensation or damages from Landlord resulting from the performance of the Landlord Work which Tenant elects to complete. Tenant may exercise or Landlord’s actions in connection with the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion performance of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from any Inconvenience or annoyance occasioned by Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions ’s performance of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full.

Landlord Work. All Except as provided below, Landlord shall have no obligation to perform any work. Notwithstanding anything in the Lease to the contrary, Landlord, at its cost and subject to the terms of this Section 2, shall be responsible for performing: (i) the work described on Schedule 1 attached hereto (the “Schedule 1 Work”), and (ii) any additional compliance work to the Common Areas (“Common Area Compliance Work”), in each case, to the extent necessary to correct any violations of Laws in effect and as interpreted and enforced as of the date hereof, but only to the extent that the correction of such violation with respect to such areas is required by Laws in order for Tenant to obtain a building permit for the Tenant Work (with such corrections, if any, referred to herein as collectively as the “Required Upgrades”). Landlord shall have the right to contest any alleged Required Upgrades in good faith, including, without limitation, the right to apply for and obtain a waiver or deferment of compliance, the right to assert any and all defenses allowed by Law and the right to appeal any decisions, judgments or rulings to the fullest extent permitted by Law, provided that such contest does not unreasonably interfere or delay Tenant Work. Landlord, after the exhaustion of any and all rights to appeal or contest, will perform any Required Upgrades required in accordance with this Section. In the event that Tenant becomes aware of the need for any Required Upgrades, Tenant shall give prompt, written, reasonably detailed notice thereof to Landlord (“Upgrade Notice”). Landlord shall use commercially reasonable efforts, subject to Landlord’s right to dispute or appeal the Required Upgrades as set forth above, to complete the Required Upgrades as soon as practicable following the date of receipt of Tenant’s Upgrade Notice. Landlord and Tenant agree to reasonably cooperate with each other in order to enable the Required Upgrades to be performed by in a timely manner so as to not unreasonably interfere or delay Tenant Work. Landlord shall not be subject to any liability for any delays in this paragraph 1 is collectively referred completion of the Required Upgrades, nor shall the same entitle Tenant to any credit or abatement of rent. Notwithstanding anything to the contrary set forth herein, the Required Upgrades shall specifically exclude any repairs, alterations, improvements or modifications required as a result of Tenant’s specific use of the "Landlord Work". All Landlord Work shall Premises (and, in such event, Tenant shall, at its sole cost, perform or cause to be performed in accordance with all applicable laws and this the terms of the Lease, in a good and workmanlike manneras amended hereby, as appropriate by engineerssuch repairs, surveyorsalterations, architects and consultantsimprovements and/or modifications). For purposes of the Required Upgrades, who are bondable, licensed notwithstanding anything to the contrary in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunderLease, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant cost of any Schedule 1 Work shall be entitled to deduct constitute a Phase Operating Expense and the costs cost of such Landlord any Common Area Compliance Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullshall constitute a Building Operating Expense.

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed Notwithstanding any provision contained herein or in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In Lease to the event that contrary, Landlord defaults shall, at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's its sole cost and expense, all or any part cause the following work to be performed within the Premises as soon as reasonably possible following the parties’ execution and delivery of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those Second Amendment: (i) touch up certain portions of the painted surfaces of the interior walls of the Premises (which portions shall be determined by Landlord Work in its reasonable discretion), utilizing Landlord’s ‘Building standard” methods, materials and finishes (the color of which Tenant elects paint shall be determined by Landlord in its reasonable discretion), (ii) cause the carpeted surfaces of the floor of the Premises to complete. Tenant may exercise be professionally cleaned, and (iii) subject to Landlord’s ability to obtain all required governmental approvals therefor, purchase and cause the rights supplemental HVAC unit (the “Supplemental HVAC Unit”) identified on Exhibit B (attached hereto and incorporated herein by this reference) to be installed within the Premises for Tenant’s use in connection with its existing server room, which Supplemental HVAC Unit shall be installed in accordance with the scope of work set forth in on Exhibit C (attached hereto and incorporated herein by this paragraph 1(dreference) from time to time so long as Tenant provides Landlord notice specified herein (the “Scope of Work”) (items (i) within a reasonable amount of time prior through (iii) above to be collectively referred to herein as the date upon which “Landlord would otherwise commence that portion Work”). With regard to item (iii) of the Landlord Work, Tenant shall fully cooperate with Landlord, at no cost to Tenant, in Landlord’s efforts to obtain all government approvals and/or permits (if any) required for such installation of the Supplemental HVAC Unit, and shall comply with the terms set forth on the Scope of Work. In connection with the foregoing, Tenant shall have no right to alter or modify the Landlord Work within the Premises. Tenant hereby acknowledges that, notwithstanding Tenant’s occupancy of the Premises during the performance of the Landlord Work, Landlord shall be permitted to perform the Landlord Work during normal business hours, and Tenant shall provide Landlord with access to the Premises to carry out the Landlord Work and a reasonably clear working area for the Landlord Work (ii) at such other time where it including, but not limited to, the moving of Tenant’s property away from the area in which Landlord is feasible for performing the Landlord Work). Provided that Landlord uses reasonable efforts to minimize any disruption to Tenant’s business. Tenant to take over hereby agrees that portion the performance of the Landlord Work shall in no event constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent or damages of any kind. Furthermore, provided that Landlord uses reasonable efforts to minimize any disruption to Tenant’s business, in no event shall Tenant be entitled to any compensation or damages from Landlord for the loss of the use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Landlord Work or Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate ’s actions in good faith and provide Tenant connection with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant , or for any and all costs incurred inconvenience or annoyance occasioned by Tenant in connection with any portion of the Landlord Work which Tenant is or Landlord’s actions in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullconnection therewith.

Landlord Work. All Except as specifically set forth in Sections 2, and 6 above, along with this Section 7, Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the work described to be performed Expansion Premises. Notwithstanding the foregoing, Landlord shall, at Landlord sole cost and expense, using Building standard methods, materials, and finishes (i) repair or replace, as reasonably deemed necessary by Landlord and Tenant, any cracked, chipped exterior film glazing on all exterior windows of the Expansion Premises; (ii) repair or replace, as reasonably deemed necessary by Landlord and Tenant, the aluminum window mullions on the exterior windows of the Expansion Premises, and (iii) install Building standard window coverings, wherein such window covering specification is Mecho Shade Black/Bxxxx 6000 series with a 3% perforation in this paragraph 1 is the Expansion Premises (the foregoing items (i), (ii) and (iii) shall be known collectively referred to as the "“Landlord Work"”). All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of perform the Landlord Work concurrently with Tenant's performance of the Improvements, and fails to correct such default such in connection therewith Landlord and Tenant shall cooperate with one another. Landlord hereby acknowledges that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions occupy the Expansion Premises during the performance of the Landlord Work which Work. Notwithstanding the foregoing, Tenant elects to complete. Tenant may exercise agrees that it shall reasonably cooperate with Landlord in connection with the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion scheduling and performance of the Landlord Work, and that Landlord shall be permitted to perform the Landlord Work during normal business hours (without the payment of overtime or other premiums to complete such work), and Tenant shall provide a clear working area for the Landlord Work (ii) at such other time where it including, but not limited to, the moving of furniture, fixtures and Tenant’s property away from the area in which Landlord is feasible for conducting the Landlord Work). Tenant to take over hereby agrees that portion the performance of the Landlord Work shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of Rent or damages of any kind. Furthermore, in no event shall Tenant be entitled to any compensation or damages from Landlord for loss of the use of the whole or any part of the Expansion Premises or of Tenant’s personal property or improvements resulting from the Landlord Work or Landlord. In ’s actions in connection with the event Landlord Work, or for any inconvenience or annoyance occasioned by the Landlord Work or Landlord’s actions in connection with the Landlord Work, provided that the foregoing shall not limit Landlord's liability, if any, pursuant to applicable law for personal injury and property damage to the extent that Tenant exercises caused by the gross negligence or willful misconduct of Landlord, its right hereunderagents, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid employees or otherwise deducted in fullcontractors.

Landlord Work. All of Landlord shall, on a one-time basis only, using Project-standard quantities, specifications and materials (unless otherwise expressly specified herein), construct the Building and perform work within the Project as detailed in the specifications described in Schedule 1 attached to this Exhibit B (the "Base Building Specifications"). The improvements and work described to in such Base Building Specifications may be performed by Landlord in this paragraph 1 is collectively referred to herein as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, Except as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed set forth in the State Base Building Specifications, the exact scope and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component specifications for each element of the Landlord Work and fails will be determined by Landlord. Landlord shall not make any material changes to correct the Base Building Specifications unless either (a) Landlord has obtained the approval of Tenant to such default change (such that an Event approval not to be unreasonably withheld, conditioned or delayed), or (b) Landlord is required to do so pursuant to Legal Requirements, the Private Restrictions or by applicable governmental authorities, in which case no consent of Default occurs, Tenant shall have be required. Tenant shall not be permitted to make any changes or modifications to the rightLandlord Work and/or the Base Building Specifications without the prior written consent of Landlord, but not the obligation, to perform at which consent may be withheld in Landlord's sole cost and expense, all discretion if such change or modification would result in any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein following: (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion delay in Substantial Completion of the Landlord Work, or unless Tenant agrees that any such delay shall constitute a Tenant Delay (as hereafter defined); (ii) at an increase in the cost of designing or constructing any of the Landlord Work, unless Tenant agrees to pay for such other time where it is feasible increased cost in the form of a deduction from the Tenant Improvement Allowance (or if insufficient proceeds from the Tenant Improvement Allowance remain, then Tenant shall pay for Tenant to take over that portion such increased cost within thirty (30) days of receipt of an invoice from Landlord); (iii) a material lowering or degradation of the quality of the Landlord Work set forth in the Base Building Specifications; (iv) a reduction in the square footage of the Premises from Landlordthe square footage set forth in the Base Building Specifications; and/or (v) a violation of any Legal Requirements and/or the Private Restrictions. In the event and Tenant desires to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of change the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of or proposes a change to the Landlord Work performed. In that either modifies the event that scope or the Landlord does not timely reimburse Tenant as hereinabove contemplatedspecifications from the scope or specifications set forth in the Base Building Specifications), then Tenant shall be entitled to deduct deliver written notice (the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full."

Landlord Work. All of Landlord shall complete the work described to be performed by Landlord in this paragraph 1 is collectively referred to as on Exhibit 2 attached hereto at Landlord’s sole cost and expense using building standard materials and procedures (the "“Landlord Work"”). All Landlord shall use commercially reasonable efforts to complete the Landlord Work on or before January 1, 2021. Landlord and Tenant shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in mutually agree upon the State and of good reputation. date for Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component ’s commencement of the Landlord Work Work, and fails the schedule for Landlord’s completion of the Landlord Work. Thereafter, Landlord shall give Tenant no less than five (5) business days’ notice prior to correct such default such that an Event actual commencement of Default occursthe Landlord Work. Tenant agrees to move, Tenant shall have the rightfrom time to time, but not the obligation, to perform at Landlord's Tenant’s sole cost and expense, all or its furniture, inventory, equipment, computers, telephones, cabling and other personal property located at the Premises (the “Personal Property”) to the extent necessary to permit Landlord’s contractors to complete the Landlord Work in an expeditious manner. Landlord and Landlord’s contractors shall have no obligation to move any part of Landlord's WorkTenant’s Personal Property. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions be obligated to cause its Personal Property to be moved promptly during the completion of the Landlord Work which in accordance with Landlord’s construction schedule. Landlord shall use reasonable efforts to keep Tenant elects to completeinformed of Landlord’s construction schedule. Tenant may exercise acknowledges that Landlord’s contractors will complete the rights set forth in this paragraph 1(d) Landlord Work while Tenant occupies the Premises, that the completion of the Landlord Work will prevent Tenant from using parts of the Premises from time to time so long as and that the completion of the Landlord Work will create noise dust and debris that will interfere with Tenant’s use of the Premises. Tenant provides acknowledges and agrees that it shall have no right to any abatement of rent or to recover any other damages from Landlord notice specified herein (i) within a due to its inability to use portions of the Premises while the Landlord Work is being completed or due to interference with its business operations caused by the completion of the Landlord Work; provided, that Landlord shall use commercially reasonable amount of time prior efforts to minimize interference with Tenant’s operations during the date upon which Landlord would otherwise commence that portion Landlord’s performance of the Landlord Work, and provided further that Landlord shall have no obligation to incur overtime charges or (ii) at such other time where it is feasible for extraordinary expenses. If Landlord believes that Tenant to take over that portion has materially interfered with Landlord’s performance of the Landlord Work from Landlord. In Work, so as to cause a delay in the event and to the extent that Tenant exercises its right hereundercompletion of same, Landlord agrees shall give Tenant prompt notice of such material interference, and Landlord and Tenant shall attempt to cooperate resolve the situation within one (1) business day after Tenant’s receipt of such notice. If due to delays caused by Tenant the Landlord Work has not been completed by June 30, 2021 Landlord shall have no further obligation to complete the Landlord Work. Based on the Bruker Lease (as defined in good faith and provide Tenant with reasonable assistance so Section 3 of the Lease) Landlord previously requested that Tenant can complete said portions Bruker pay for the cost of some of the Landlord Work. Bruker subsequently requested that Tenant pay for some of these costs based on the Sublease (as defined in Section 3 of the Lease). Landlord hereby agrees that it shall not require Bruker to reimburse Tenant pay for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which that Tenant is in obligated to pay for based on the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullSublease.

Landlord Work. All Landlord shall perform the following work in the Premises, at no additional cost to Tenant, using Building standard methods, materials and finishes (collectively, the “Landlord Work”): perform the work necessary to place the Premises in a broom clean condition, and place all mechanical equipment, loading doors, HVAC units, and lighting fixtures serving the Premises in good working order, failing which, Landlord shall, as Tenant’s sole and exclusive remedy, cause the same to be in such condition at no additional cost to Tenant. In addition, if any HVAC units serving the Premises require repairs or replacements during the first twelve (12) months of the work described initial Term (the “HVAC Warranty Period”), excluding any repairs or replacements necessitated by any negligent action or inaction of Tenant or a Tenant Party, Landlord shall make such required repairs or replacements to such items during such period, at no additional cost to Tenant. Tenant acknowledges that the Landlord Work may be performed by Landlord, in the Premises during normal business hours both prior and subsequent to the Lease Commencement Date. Landlord and Tenant agree to cooperate with each other in order to enable the Landlord Work to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good timely manner and workmanlike manner, with as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in little inconvenience to the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component performance of the Landlord Tenant Work and fails to correct such default such that an Event the operation of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost and expense, all or any part of Landlord's WorkTenant’s business as is reasonably possible. Tenant shall exercise this right by providing Landlord acknowledges and agrees that it will be responsible, at its sole cost, for moving and protecting its furniture, fixtures, equipment and other personal property as may be necessary in connection with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion performance of the Landlord Work, and Tenant shall coordinate the same with the contractor performing the Landlord Work. Notwithstanding anything contained herein or (ii) at such other time where it is feasible for in the Lease to the contrary, Landlord shall not be obligated to perform the Landlord Work during the continuance of an uncured default by Tenant to take over that portion under the Lease, and any delay in the completion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred or inconvenience suffered by Tenant in connection with any portion during the performance of the Landlord Work which shall not delay the Lease Commencement Date nor shall it subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant is in the process to any credit, abatement or adjustment of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and Rent or other payments due sums payable under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in full.. EXHIBIT I

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Leaseperform, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's ’s sole cost and expense, all or any part subject to an allowance in the amount of $2,268,660.00 (the “Base Building Allowance”), the base building work described on Exhibit C attached hereto (the “Base Building Work”). The Base Building work is in the nature of Landlord's ’s capital and depreciable improvements to the Building and shall commence upon the date hereof. Landlord shall use best efforts to substantially complete the Base Building Work on Of before February 1, 2009, subject to Tenant’s Delays (as defined below) and Force Majeure. All Base Building Work (including, without limitation, any Change Orders (as defined on Exhibit B attached hereto) the cost of which exceeds the Base Building Allowance shall be “Excess Work.” All Excess Work shall be performed at the sale expense of Tenant. Tenant shall exercise this right by pay Landlord for such Excess Work within ten (10) days following receipt of Landlord’s invoice therefor. Tenant acknowledges and agrees that (a) Landlord may be performing the Base Building Work during the first month of the Extended Term, and Tenant shall use reasonable efforts to cooperate with Landlord with respect to such work including, without limitation, providing Landlord with written notice thereofreasonable access to the Premises, which notice shall reasonably detail those portions if necessary, during performance of the Base Building Work, and (b) the Base Building Work is being performed for Landlord’s purposes only and all Base Building Work shall be the property of Landlord Work which Tenant elects to complete. Tenant may exercise and shall be retained by Landlord at the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion expiration or earlier termination of the Extended Term. No charges shall be imposed by Landlord Workfor Tenant’s use of utilities, or (ii) at such other time where it is feasible for loading docks, and passenger and freight elevators during construction of Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Workimprovements. Landlord agrees not to reimburse impede, hinder or interfere with the construction of Tenant for improvements. Landlord agrees that deliveries may be received, without preference or priority given to Landlord’s deliveries, at any and all costs incurred by Tenant in connection with any portion time of the day, subject to scheduling with the Landlord. Landlord Work which Tenant is in shall pad the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullelevators.

Landlord Work. All Concurrently with Tenant’s construction of the Tenant Improvements pursuant to Section 11 (Tenant Improvements) below, Landlord shall cause the following work described to be performed by Landlord in this paragraph 1 is collectively referred to as completed at the "Project (collectively, the “Landlord Work"”): · Patch and repair any portion of the Building 4 exterior wall that was damaged during the removal of the generator previously existing outside Building 4, including concrete wall patch, repairing any broken glass, restoring the windows or window frames that have been altered by the previous tenant and confirming that the removal of the generator did not affect the Building 4 electrical system. All Landlord Work shall be performed · Confirm that the HVAC equipment serving Tenant’s Premises in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development Building 4 is operational and in coordinating construction schedules with major anchors good working order as of the applicable Expansion Dates. · Confirm that all Building 4 external door access controls are operational as of the commencement of the last Expansion Date. · Complete the work noted as Landlord’s responsibility in Exhibit H attached hereto and national retailersmade a part hereof. In the event Tenant understands that Landlord defaults at any time in completion of any component of the Landlord Work will be performed during Tenant’s occupancy and fails beneficial use period for the Expansion Premises, and may result in inconvenience to correct such default such that an Event of Default occursTenant (including noise, Tenant shall have the right, but not the obligation, to perform at Landlord's sole cost vibration and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those displacement from portions of the Premises from time to time). Tenant will reasonably cooperate with Landlord’s efforts to efficiently complete the Landlord Work which Tenant elects to complete. Tenant may exercise by, among other things, vacating portions of the rights set forth in this paragraph 1(d) Premises from time to time so long as Tenant provides Landlord notice specified herein (i) to permit work to proceed, and by moving any furniture or personal property within a reasonable amount of time prior to the date upon which Landlord would otherwise commence Premises that portion of is necessary for the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions completion of the Landlord Work. Landlord agrees will make reasonable efforts to reimburse minimize the inconvenience and disturbance caused by the Landlord Work, but is not responsible for business interruption or damage to Tenant’s property which results from the Landlord Work (provided that Tenant may seek recovery from any contractor or vendor performing such work and responsible for any damage or injury, and all may pursue available insurance coverage therefor). Tenant shall also be responsible to pay for additional costs incurred by Landlord if Tenant in connection with requests or requires that any portion of the Landlord Work which be done during other than normal business hours or if Tenant is in the process of completing within fifteen (15request or requires that Landlord delay any portion(s) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplatedWork, Tenant shall provided however, any work requiring use of a jackhammer, or comprising structural demolition of concreate or exterior or demising walls will be entitled to deduct the costs done outside of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullnormal business hours.

Landlord Work. All Following the full execution and delivery of this Lease and payment and delivery of all items and amounts due upon execution, Landlord shall commence preparation of construction drawings and specifications consistent with the space plan of the Premises shown and detailed in Exhibit F-1 below (such construction drawings, together with the space plan in Exhibit F-1 being referred to herein as the “Landlord Work Plans”). Landlord will submit the Landlord Work Plans to Tenant for its review and agrees to respond in good faith to Tenant’s comments. Tenant agrees to give any proposed revisions to Landlord in writing within ten (10) Business Days of Tenant’s receipt of the Landlord Work Plans, and if no such written comments are received within such 10 Business Day period then the Landlord Work Plans shall be deemed approved by Tenant. If the parties cannot agree within ten (10) Business Days upon any revisions proposed by Tenant, Landlord shall make the final decision regarding any requested revisions that affect the base Building, structural components of the Building, any Building systems and/or any non-compliance matters with respect to building codes and/or other Laws (the “Base Design Criteria”), and Tenant shall make the final decision regarding any requested revisions to interior layout of the Premises not impacting Base Design Criteria and any interior finishes not impacting Base Design Criteria, provided that (i) such lay-out or finish specifications incorporate Building-standard materials and specifications as provided below, and (ii) Tenant acts reasonably and such final decision is either consistent with or a compromise between Landlord’s and Tenant’s positions with respect to such proposed revisions. Any changes to the Landlord Work Plans following Landlord’s and Tenant’s approval of same requested by Tenant shall be processed as a Change Order as provided below. Following receipt of the Tenant’s Contribution (defined below), Landlord shall promptly commence to prepare the Premises for Tenant’s initial occupancy based upon the Landlord Work Plans approved by Landlord and Tenant as set forth above (the “Landlord Work”), which Landlord Work shall use Building-standard materials and specifications (except to the extent another specification is otherwise expressly set forth in Exhibit F-1 below) and shall be performed in a diligent and good and workmanlike manner and in compliance with applicable Laws. Tenant acknowledges and agrees that the Landlord Work shall not include any work described to for any low voltage wiring (e.g. telecommunications, data or security wiring), furniture installation and/or signage, and such work, if any, shall be performed by Landlord Tenant at its sole cost and expense and in compliance with the terms and conditions of this paragraph 1 is collectively referred to as the "Landlord Work"Lease. All The Landlord Work shall be performed deemed to be “Substantially Complete” on the later of the date that (i) Landlord has received a certificate of occupancy (or its functional equivalent from the governing municipality) sufficient for uninterrupted occupancy of the Premises by the Tenant and (ii) all Landlord Work has substantially been performed, other than any details of construction, mechanical adjustment or any other similar matter, the non-completion of which does not materially interfere with the Permitted Use of the Premises (the “Punch-List Items”); provided that Landlord shall diligently complete all Punch-List Items. If Landlord is delayed in accordance the performance of the Landlord Work as a result of the acts or omissions of Tenant or Tenant’s agents, employees, contractors or vendors, including, without limitation, Landlord’s administration of any Change Orders (defined below) requested by Tenant, a Change Order Delay (defined below) and/or Tenant’s failure to comply with all applicable laws and any of its obligations under this Lease, in including without limitation timely payment of any installment of the Tenant’s Contribution (each, a good and workmanlike manner“Tenant Delay”), as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor Landlord Work shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailersdeemed to be Substantially Complete on the date that Landlord could reasonably have been expected to Substantially Complete the Landlord Work absent any Tenant Delay. In the event that Tenant fails to respond to a Landlord defaults at any time request for a specification (e.g. paint color) within five (5) Business Days of Landlord’s request, such specification shall be as determined by Landlord in completion its sole discretion using Building-standard materials and palettes. Tenant’s taking possession and acceptance of any component the Premises following the Substantial Completion of the Landlord Work shall not constitute a waiver of: (i) any warranty provided by the general contractor performing the Landlord Work with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), (ii) any non-compliance of Landlord’s Work with applicable Law on the date of Substantial Completion, or (iii) any claim that Landlord’s Work was not completed substantially in accordance with the Landlord Work Plans (subject to minor variations and fails to correct such default such that an Event of Default occurs, other changes as are permitted hereunder). Tenant shall have one year after the right, but not the obligation, date of Substantial Completion within which to perform at Landlord's sole cost and expense, all or notify Landlord in writing of any part portion of Landlord's Work. Tenant shall exercise this right by providing Landlord ’s Work (I) not complying with written notice thereof, which notice shall reasonably detail those portions applicable Law existing on the date of Substantial Completion and/or (II) not in substantial compliance with the Landlord Work which Tenant elects Plans (collectively, a “Construction Defect”) discovered by Tenant, and Landlord shall use commercially reasonable efforts to complete. Tenant may exercise remedy or cause the rights set forth in this paragraph 1(d) from time responsible contractor to time so long as Tenant provides Landlord notice specified herein remedy any such Construction Defect within thirty (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (1530) days after receipt of written request from Tenantsuch notice (or if such remedy cannot reasonably be completed within 30 days, which request Landlord shall be commence within 30 days and diligently prosecute same to completion as soon as reasonably supported by invoices and/or written description of the Landlord Work performedpracticable). In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct receive the benefit of all construction warranties from the general contractor or other contractors providing such warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises, to the extent permitted by such warranties. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be at Tenant’s cost. In no event shall Landlord be obligated to expend more than $35.00/rsf of the Premises ($3,998,015 based upon 114,229 rsf of the Premises) for the performance of the Landlord Work (the “Cost Cap”), which Cost Cap shall include (without limitation) the cost of preparation of any necessary plans for the Landlord Work, any required permitting, and the cost of labor and materials (including demolition of the existing improvements in the Premises); Landlord and Tenant hereby expressly acknowledge that all costs of such the Landlord Work from rentals in excess of the Cost Cap shall be at Tenant’s sole cost and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullexpense.

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "shall perform Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's ’s sole cost and expense, all or any part (as outlined in Exhibit B of Landlord's Workthis Fourth Amendment) pursuant to a mutually agreed upon space plan incorporating mutually agreed upon Landlord building standard materials and specifications. Landlord and Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to mutually agree on the date upon which Landlord would otherwise shall commence that portion of the Landlord WorkWork (the “Landlord Work Commencement Date”), or which must commence prior to August 31, 2021. Landlord shall have one hundred and twenty (ii120) at such other time where it is feasible for Tenant days to take over that portion of complete the Landlord Work from Landlord. In the event and Landlord Work Commencement Date, subject to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions force majeure or any delays out of the Landlord Work. Landlord agrees to reimburse Landlord’s reasonable control, including but not limited a Tenant for any and all costs incurred by Tenant Delay (as defined in connection with any portion Section 5 of Exhibit B) (the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed“Scheduled Completion Date”). In the event that the Landlord does Landlord’s Work is not timely reimburse Tenant as hereinabove contemplatedsubstantially completed by the date (the “Outside Completion Date”) that is thirty (30) days after the Scheduled Completion Date, then Tenant shall be entitled to deduct a rent credit to be applied after the costs expiration of the Rent Abatement Period equal to one day’s Base Rent for each one day in the period from the Outside Completion Date until the date upon which the Landlord’s Work is substantially completed. Notwithstanding the foregoing, in the event any items in the Landlord’s Work or Lease which require Tenant’s consent, including but not limited to Change Orders and items considered a “Tenant Delay” (as defined in Exhibit B) and consent or direction from Tenant has not been approved by Tenant within 24 hours of Landlord request, and (ii) Tenant fails to relocate from the Premises within 24 hours of notice from Landlord as further outlined in Exhibit B and Section 8 (a), then, in such event, the Outside Completion Date shall be extended day for day for each 24 hours tenant fails to comply with (i) and (ii). For greater clarity, the construction schedule (the “Landlord Work from rentals Schedule”) will provide a timeline for commencement of Landlord Work and other payments due under anticipated completion of Landlord Work. Landlord shall propose the Leaseestimated Landlord Work Schedule to Tenant within a commercially reasonable period of time after the full execution and delivery of this Fourth Amendment. Upon the Renewal Term Commencement Date, together Landlord shall be responsible for compliance with interest all applicable laws, including but not limited to ADA, Title 24 and Title 8 (the “Laws”) regarding the exterior and common areas (including the common area restrooms) only to the extent modifications are a requirement of the City of Los Angeles. Landlord shall have the time permitted by the City of Los Angeles to perform such compliance work. Upon execution of this Fourth Amendment, Landlord may, if required apply for and obtain all permits relating to Landlord Work. In the event Tenant requests any changes to the approved construction drawings attached hereto as Exhibit B, Tenant shall be responsible for all costs associated with any changes, including but not limited to permit fees and construction costs as further detailed in Section 4.c of Exhibit B. Any changes shall be considered a Tenant Delay as further detailed in Exhibit B. Notwithstanding anything to the contrary in this Fourth Amendment or Exhibit B, Tenant shall at all times have the Default Rate from right to use up to five (5) exterior offices during the date performance of expenditure by Landlord’s Work. Landlord and Tenant until paid or otherwise deducted shall cooperate reasonably as to which specific exterior offices may be used at any particular time so as to address Landlord’s reasonable requirements with respect to progress of the Landlord Work. Should Tenant fail to vacate a specific exterior office at an agreed to particular time, this shall constitute a Tenant Delay and completion of Landlord’s Work shall be pushed out in fullaccordance with this Section 9.

Landlord Work. All of the work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this LeaseLandlord, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component of the Landlord Work and fails to correct such default such that an Event of Default occurs, Tenant shall have the right, but not the obligation, to perform at Landlord's ’s sole cost and expenseexpense (subject to the provisions of Section 4 below), all shall cause Landlord’s designated contractor (“Contractor”) to construct the improvements to the Premises which are specifically described in the plans and specifications described on the attached Exhibit B-1 (the “Tenant Approved Plans”), using Building standard materials and finishes, except as otherwise set forth in the Tenant Approved Plans. The scope of work is also described in the attached Exhibit B-2. Notwithstanding the foregoing, after the execution hereof, Landlord shall prepare additional construction plans and specifications for the construction of the improvements, which construction plans and specifications shall be based on the Tenant Approved Plans and include only the additional information required for Contractor (or any part the applicable governmental agency) to obtain the required governmental permits for the construction of Landlord's Workthe improvements and for Contractor to secure complete bids from qualified contractors to construct the improvements. Tenant shall exercise this right promptly submit to Landlord (but in no event later than five (5) business days after Landlord’s request) any information required by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at complete such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event construction plans and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Workspecifications. Landlord agrees shall deliver the completed construction plans and specifications to reimburse Tenant for Tenant’s review and Tenant shall provide its written approval or disapproval thereof within five (5) business days of its receipt thereof. Landlord shall promptly revise the construction plans and specifications to address any and all costs incurred reasonable objections raised by Tenant in connection with any portion of the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from and shall promptly resubmit appropriately revised construction plans and specifications to Tenant, which request . This procedure shall be reasonably supported followed until all objections have been resolved and the construction plans and specifications approved in writing by invoices and/or written description of Tenant and Landlord; provided, however, that except for the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplatedfirst such revision, Tenant shall be entitled responsible for any Tenant Delay (as defined below) in the completion of the Tenant Improvements resulting from any revision to deduct the costs of such Landlord Work from rentals additional plans after the first revision by Tenant. (The construction plans and other payments due under the Leasespecifications, together with interest at the Default Rate from the date of expenditure as approved in writing by Tenant until paid or otherwise deducted and Landlord, are hereinafter called the “Final Plans” and the improvements to be constructed in fullaccordance with the Final Plans are hereinafter called the “Landlord Work.”)

Landlord Work. All of the work described Landlord agrees to construct, or cause to be performed by Landlord constructed, leasehold improvements in this paragraph 1 is collectively referred to as the "Premises (the “Landlord Work". All Landlord Work shall be performed in accordance with all applicable laws and this Lease, ”) in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed substantially in accordance with the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in completion of any component schematic of the Landlord Work Premises and fails to correct such default such that an Event of Default occursthe pricing plan prepared by Tenant’s designated architectural/engineering firm (“Tenant’s Architect”) and attached hereto as Schedule 1 (the “Design Plans”), Tenant shall have the right, but not the obligation, to perform at Landlord's ’s sole cost and expense, all provided, however, that Landlord’s cost for the Landlord Work shall not exceed $40.00 multiplied by the Rentable Square Footage of the Premises (the “Budgeted Amount”). Following execution of the Lease, Tenant’s Architect shall prepare and Tenant shall submit to Landlord, in sufficient time to allow Landlord’s review of and comment to the same and finalization by Tenant’s Architect by February 1, 2010 (time being of the essence), complete, finished and detailed architectural, mechanical, electrical and plumbing drawings and specifications based on the Design Plans, including mechanical, electrical and plumbing drawings (the “Construction Documents”). The Construction Documents shall comply with Laws and shall be presented in Landlord’s format satisfactory for filing with the appropriate governmental authorities for required permits and licenses. Promptly following Landlord’s receipt of Tenant’s Construction Documents, Landlord (or any part of Landlord's Workits designated architectural and/or engineering firm) shall approve or disapprove such documents in writing. If Landlord disapproves, Landlord shall provide Tenant in writing specific reasons for such disapproval. Tenant shall exercise this right thereafter submit corrected Construction Documents as quickly as possible so that Landlord-approved Construction Documents are finalized and in form for submission for building permits by providing February 1, 2010, time being of the essence. Upon Landlord’s approval and finalization, the Construction Documents shall become the “Approved Construction Documents”. Following receipt of the Approved Construction Documents, Landlord with written notice thereof, which notice shall reasonably detail those portions will promptly price the construction of the Landlord Work which with at least 3 general contractors mutually agreed upon by Landlord and Tenant elects to completein accordance with the Approved Construction Documents. Tenant may exercise Landlord shall make the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion final selection of the general contractor, which selection shall be based on the lowest qualified bidder, provided that Landlord Work, or (ii) at shall assure that the bid by such other time where it is feasible for Tenant to take over that portion general contractor covers the scope of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of the Landlord Work which Tenant is work specified in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullApproved Construction Documents.

Landlord Work. All Notwithstanding anything to the contrary set forth in this Tenant Work Letter, Landlord shall, at Landlord’s sole cost and expense (which costs shall not be passed through to Tenant as Operating Expenses), replace certain AC units, air-handlers, fan units and boilers on the roof of the Expansion Premises as listed on Schedule 1 attached hereto, which are located as set forth on Schedule 2 attached hereto, and make the associated electrical connections and any required structural or other repair work described to be performed by Landlord in this paragraph 1 is collectively referred to as the "roof of the Expansion Premises (collectively, the “Landlord Work"”). All The Landlord Work shall not include any work or improvements to any HVAC ducting or distribution. Each portion of the Landlord Work shall be performed completed by Landlord in the calendar year as to which such portion of the Landlord Work is associated as shown on Schedule 1,provided that at Landlord’s option, Landlord may accelerate any such work, or, with the prior approval of Tenant, adjust the sequence of such work. The plans and specifications for the Landlord Work, as well as the contractor retained by Landlord to perform the Landlord Work, shall be determined by Landlord in its reasonable discretion. The Landlord Work shall be completed to Landlord’s “Building standards,” as generally applied by Landlord on a uniform basis in the Project, and otherwise in accordance with the Schedules and in compliance with all applicable laws and this Leaselaw, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects free of defects and consultants, who are bondable, licensed in the State using new Building standard materials and equipment of good reputationquality. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event that Landlord defaults at any time in Within thirty (30) days after completion of any component particular phase of the Landlord Work and fails to correct such default such that an Event of Default occursLandlord’s Work, Tenant shall have the rightright to submit a written punch list to Landlord, but not the obligation, to perform at Landlord's sole cost and expense, all or setting forth any part defective item of Landlord's ’s Work, and Landlord shall promptly cause such items to be corrected. Notwithstanding anything to the contrary contained herein or in the Lease, Tenant’s submission of a punch list with respect to the Landlord’s Work shall not be deemed a waiver of Tenant’s right to have defects in the Landlord’s Work repaired at no cost to Tenant during the period of any applicable warranty from Landlord’s contractor(s). During such period Tenant shall exercise this right by providing give notice to Landlord with written notice thereofwhenever any such defect becomes reasonably apparent, which notice and Landlord shall reasonably detail those portions have such defect repaired as soon as practicable. Landlord and Tenant shall work together in good faith in order to coordinate the construction of the Landlord Work which concurrently with the construction of the Tenant elects Improvements. Prior to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount Landlord’s commencement of time prior to the date upon which Landlord would otherwise commence that any particular portion of the Landlord Work, or Tenant shall have the right to request reasonable changes to the scope of the Landlord Work, provided that Tenant shall bear all costs related to any such change in scope. Each party shall use commercially reasonable efforts to minimize any unnecessary interference with the other during such simultaneous construction. Tenant shall inform Landlord within thirty (ii30) at such other time where it is feasible for Tenant to take over that portion days after Landlord’s completion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions whether of the Landlord Work. Landlord agrees to reimburse Tenant for any and all costs incurred by Tenant in connection with any portion of thereof is defective or incomplete, and Landlord shall promptly remedy the Landlord Work which Tenant is in the process of completing within fifteen (15) days after receipt of written request from Tenant, which request shall be reasonably supported by invoices and/or written description of the Landlord Work performed. In the event that the Landlord does not timely reimburse Tenant as hereinabove contemplated, Tenant shall be entitled to deduct the costs of such Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullsame.

Landlord Work. All Landlord shall use commercially reasonable efforts to cause all laboratory improvements located on the 5th floor portion of the work described Premises to be performed by Landlord in this paragraph 1 is collectively referred to as demolished and removed from the "Premises (the “Landlord Work"”) on or before January 10, 2012 (“Landlord Demolition Completion Date”). All Landlord Work shall be performed in accordance with all applicable laws and this Lease, in a good and workmanlike manner, as appropriate by engineers, surveyors, architects and consultants, who are bondable, licensed in the State and of good reputation. Landlord's general contractor shall be experienced in shopping center development and in coordinating construction schedules with major anchors and national retailers. In the event Tenant hereby acknowledge that Landlord defaults at any time in completion of any component of the Landlord Work may take place concurrently with the construction of certain portions of the Tenant Improvements. In connection therewith, Landlord will use commercially reasonable efforts, at no material additional cost to Landlord, to schedule the construction of the Landlord’s Work at times and fails in a manner which will permit Tenant to correct such default such that an Event perform the Tenant Improvements while Landlord is performing Landlord’s Work. Notwithstanding the foregoing, to facilitate construction of Default occursthe Landlord’s Work in conjunction with the Tenant Improvements, Tenant agrees to cooperate with Landlord and take all actions reasonably required by Landlord to facilitate the completion of the Landlord’s Work. Landlord and Landlord’s employees, agents and contractors shall be granted access to the Premises at all times for the purpose of constructing the Landlord Work within the Premises. To facilitate the same, Landlord and Landlord’s contractors shall have keys to the Premises and shall have the rightright to enter upon the Premises 24-hours a day, but not the obligation, 7-days a week to perform at Landlord's sole cost and expense, all or any part of Landlord's Work. Tenant shall exercise this right by providing Landlord with written notice thereof, which notice shall reasonably detail those portions of the Landlord Work which Tenant elects to complete. Tenant may exercise the rights set forth in this paragraph 1(d) from time to time so long as Tenant provides Landlord notice specified herein (i) within a reasonable amount of time prior to the date upon which Landlord would otherwise commence that portion of the Landlord Work, or (ii) at such other time where it is feasible for Tenant to take over that portion of the Landlord Work from Landlord. In the event and to the extent that Tenant exercises its right hereunder, Landlord agrees to cooperate in good faith and provide Tenant with reasonable assistance so that Tenant can complete said portions of the Landlord Work. Without limiting the foregoing, Tenant hereby acknowledges and agrees that Landlord agrees shall be under no duty to reimburse notify Tenant for any and all costs incurred by Tenant in connection with prior to accessing any portion of the Premises in connection with completion of construction of the Landlord’s Work. Tenant acknowledges that during construction of the Landlord’s Work that the areas of the Premises then being accessed by Tenant will not be separated from the work being performed by Landlord Work which Tenant is in and Landlord’s contractors and that, as a result of Landlord’s construction of the process Landlord’s Work, there will be construction noise, dust and related inconveniences to Tenant’s use of completing within fifteen (15) days after receipt of written request from Tenantthe Premises. If for any reason whatsoever, which request shall be reasonably supported by invoices and/or written description of Landlord cannot complete the Landlord Work performed. In the event that by the Landlord does not timely reimburse Tenant as hereinabove contemplatedDemolition Completion Date, Tenant the Commencement Date and Expiration Date shall be entitled to deduct extended by the costs same number of such days that Landlord’s Work is completed after the Landlord Work from rentals and other payments due under the Lease, together with interest at the Default Rate from the date of expenditure by Tenant until paid or otherwise deducted in fullDemolition Completion Date.