Common use of LANDLORD’S AND TENANT’S WORK Clause in Contracts

LANDLORD’S AND TENANT’S WORK. (a) Prior to delivery of possession of the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit "C" attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "Landlord's Work"). Landlord agrees to deliver the Premises to Tenant with Landlord's Work substantially completed (as defined in Section 2(c)) between July 15, 2006 and September 15, 2006 (the "Delivery Period"). Landlord shall give Tenant notice (the "Estimated Delivery Notice") no later than April 1, 2006 of the status of Landlord's construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's Work substantially completed (the "Estimated Delivery Date"). Landlord may revise the Estimated Delivery Date any time prior to May 1, 2006 (the "Final Delivery Notice Date"), by which time Landlord shall have given Tenant a final notice (the "Final Delivery Notice") of a firm delivery date (the "Final Delivery Date") upon which the Landlord's Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery Period.

LANDLORD’S AND TENANT’S WORK. (a) Prior to delivery of possession of the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit "“C" ” attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "“Landlord's ’s Work"”). Landlord agrees to deliver the Premises to Tenant with Landlord's ’s Work substantially completed (as defined in Section 2(c)) between July 15on or before June 1, 2006 and September 15, 2006 2007 (the "“Delivery Period"Date”). Landlord shall give Tenant notice (the "“Estimated Delivery Notice"”) no later than April March 1, 2006 2007 of the status of Landlord's ’s construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's ’s Work substantially completed (the "“Estimated Delivery Date"”). Landlord may revise the Estimated Delivery Date any time prior to May April 1, 2006 (the "“Final Delivery Notice Date"”), by which time Landlord shall have given Tenant a final notice (the "“Final Delivery Notice"”) of a firm delivery date (the "“Final Delivery Date"”) upon which the Landlord's ’s Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery PeriodDate.

LANDLORD’S AND TENANT’S WORK. (a) Prior to delivery of possession of the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit "“C" ” attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "“Landlord's ’s Work"”). Landlord agrees to deliver the Premises to Tenant with Landlord's ’s Work substantially completed (as defined in Section 2(c)) between July 15, 2006 and September 15, 2006 (the "“Delivery Period"”). Landlord shall give Tenant notice (the "“Estimated Delivery Notice"”) no later than April 1, 2006 of the status of Landlord's ’s construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's ’s Work substantially completed (the "“Estimated Delivery Date"”). Landlord may revise the Estimated Delivery Date any time prior to May 1, 2006 (the "“Final Delivery Notice Date"”), by which time Landlord shall have given Tenant a final notice (the "“Final Delivery Notice"”) of a firm delivery date (the "“Final Delivery Date"”) upon which the Landlord's ’s Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery Period.

LANDLORD’S AND TENANT’S WORK. (a) Prior to delivery of possession of the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit "C" attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "“Landlord's ’s Work"”). Landlord agrees to deliver the Premises to Tenant with Landlord's ’s Work substantially completed (as defined in Section 2(c)) between July 15February 1, 2006 2008 and September 15April 1, 2006 2008 (the "“Delivery Period"”). Landlord shall give Tenant notice (the "“Estimated Delivery Notice"”) no later than April August 1, 2006 2007 of the status of Landlord's ’s construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's ’s Work substantially completed (the "“Estimated Delivery Date"”). Landlord may revise the Estimated Delivery Date any time prior to May September 1, 2006 2007 (the "“Final Delivery Notice Date"”), by which time Landlord shall have given Tenant a final notice (the "“Final Delivery Notice"”) of a firm delivery date (the "“Final Delivery Date"”) upon which the Landlord's ’s Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty one hundred twenty (30120) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty one hundred twenty (30120) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery PeriodMarch 1, 2008.

LANDLORD’S AND TENANT’S WORK. (a) Prior The parties agree that the work to delivery of be done by the Landlord is as set out in Schedule "B" hereto and that any additional work shall be Tenant's Work hereunder. The Tenant shall be granted possession of the Leased Premises to upon the earlier of (1) November 1, 1999 and (2) the Landlord advising the Tenant it has received notification from the Landlord's contractor that the Leased Premises are substantially completed and ready for the Tenant's finishes. The Tenant shall have possession of the Leased Premises from such date until January 14, Landlord shall construct, at 2000 (the "Fixturing Period") for the purposes of installing its expense, the own improvements to the Leased Premises described on Exhibit "C" attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "LandlordTenant's Work") and preparing same for operation of its day-to-day business. Should the Tenant require additional utilities, heating, ventilation or air conditioning ("HVAC"). Landlord agrees , lighting or sprinklers because of the nature of its business, in excess of those already provided to deliver the Premises Leased Premises, then the Tenant shall be responsible for the cost of installing and/or supplying such additional utilities, subject to Tenant with the Landlord's prior approval. Notwithstanding the foregoing, the Tenant acknowledges that the Tenant's population density planned for the Leased Premises is in excess of the averages for the Development and as such the Tenant may be required to install additional equipment to augment base building HVAC, mechanical and electrical capacity and that all such augmentation shall be at the Tenant's sole cost and expense. No Tenant's Work substantially completed shall commence until proof of the Tenant's insurance has been provided to the Landlord. The parties acknowledge and agree that all the terms of this Lease shall be applicable from the date the Tenant takes possession of the Leased Premises save only for the commencement of the Term, the payment of Basic Rent and the payment of Additional Rent, which shall occur on the Commencement Date. At the Tenant's option, the Landlord shall co-ordinate construction management, in which case, the Landlord shall be paid by the Tenant an amount equal to 5% of the total construction costs as a construction management fee. This construction management fee shall be paid by the Tenant to the Landlord upon completion of the Tenant's Work, or at the Tenant's option, deducted from the Allowance (as defined in Section 2(c)Article 20.02) between July 15, 2006 and September 15, 2006 (provided by the "Delivery Period"). Landlord shall give Tenant notice (to install the "Estimated Delivery Notice") no later than April 1, 2006 of the status of LandlordTenant's construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's Work substantially completed (the "Estimated Delivery Date"). Landlord may revise the Estimated Delivery Date any time prior to May 1, 2006 (the "Final Delivery Notice Date"), by which time Landlord shall have given Tenant a final notice (the "Final Delivery Notice") of a firm delivery date (the "Final Delivery Date") upon which the Landlord's Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery PeriodWork.

LANDLORD’S AND TENANT’S WORK. (a) Prior If the Leased Premises are not presently complete, Landlord shall deliver to delivery of Tenant, and Tenant agrees to accept from Landlord, possession of the Leased Premises to Tenant, forthwith upon Substantial Completion of Landlord’s Work as described in Exhibit C hereto (“Landlord’s Work”). Landlord shall constructshall, at its sole cost and expense, as soon as it is reasonably possible after the improvements execution of this Lease, commence and pursue to completion the Landlord’s Work shown on and/or described in the attached Exhibit C. “Substantial Completion of Landlord’s Work” occurs when Landlord, or its project architect, notifies Tenant in writing that the Leased Premises are substantially complete to the Premises described on extent of Landlord’s Work specified in Exhibit "C" attached hereto C hereof, with the exception of such work as Landlord cannot complete until Tenant performs necessary portions of its work. Tenant shall commence the installation of fixtures, equipment and made a part hereof consistent with plans and specifications approved by Tenant any of its work as set forth in Section 2(eExhibit C (“Tenant’s Work”) below (promptly upon Substantial Completion of Landlord’s Work, and Tenant shall diligently pursue such work to completion. There shall be no chargebacks to Tenant for the "cost of any item included in Landlord's Work"). Landlord agrees ’s Work and/or performed prior to deliver delivery of the Leased Premises to Tenant with Landlord's Work substantially completed (as defined i.e., so-called “back charges”) and Tenant shall not be obligated to pay any additional construction charges or fees such as, without limitation, barricade charges, freight elevator fees, dumpster or other trash fees, sprinkler system shut-down fees or other such charges for work which is not included in Section 2(c)) between July 15, 2006 and September 15, 2006 (the "Delivery Period")Tenant’s Work. Landlord shall give Tenant notice (the "Estimated Delivery Notice") no later than April 1, 2006 Prior to installation of a temporary barricade in front of the status of Landlord's construction and the estimated date that Leased Premises, Tenant shall provide Landlord shall deliver the Premises to Tenant with Landlord's Work substantially completed (the "Estimated Delivery Date"). Landlord may revise the Estimated Delivery Date any time prior to May 1, 2006 (the "Final Delivery Notice Date"), by which time Landlord shall have given Tenant a final notice (the "Final Delivery Notice") of a firm delivery date (the "Final Delivery Date") upon which the Landlord's Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided barricade appropriate artwork for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery Period“opening soon” advertisement thereon.