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. (b) In the event that the Premises and Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's Work shall be deemed "substantially completed" when (i) all of the Landlord's Work has been completed except for "punch list items" that do not affect the Tenant's use of or the appearance of the Premises or Tenant's ability to perform Tenant's Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's performance of Tenant's Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's Work substantially completed, which substantial completion shall be evidenced by Landlord's architect to Tenant. (e) The Landlord's Work and Tenant's Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's construction. Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "D" attached hereto and made a part hereof (the "Tenant's Work").

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. (b) In the event that the Premises and Landlord's ’s Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's ’s Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's ’s Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's ’s Work shall be deemed "“substantially completed" ” when (i) all of the Landlord's ’s Work has been completed except for "“punch list items" ” that do not affect the Tenant's ’s use of or the appearance of the Premises or Tenant's ’s ability to perform Tenant's ’s Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's ’s completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's ’s performance of Tenant's ’s Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's ’s Work substantially completed, which substantial completion shall be evidenced by Landlord's ’s architect to Tenant. (e) The Landlord's ’s Work and Tenant's ’s Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's ’s construction. Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "“D" ” attached hereto and made a part hereof (the "“Tenant's ’s Work"”).

LANDLORD’S AND TENANT’S WORK. (a) Prior The parties agree that the work to delivery of possession of be done by the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit is as set out in Schedule "CB" 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 additional 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. (b) In the event that the Premises and Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's Work shall be deemed "substantially completed" when (i) all of the Landlord's Work has been completed except for "punch list items" that do not affect the Tenant's use of or the appearance of the Premises or Tenant's ability to perform Tenant's Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Leasehereunder. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, The Tenant shall promptly acknowledge Landlord's completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery 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 not unreasonably interfere with Tenant's performance of Tenant's Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual have possession of the Leased Premises shall have been delivered to Tenant water-tightfrom such date until January 14, free 2000 (the "Fixturing Period") for the purposes of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's Work substantially completed, which substantial completion shall be evidenced by Landlord's architect to Tenant. (e) The Landlord's Work and Tenant's Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's construction. Tenant agrees to provide, at installing its expense, upon delivery of the Premises to Tenant, the own improvements to the Leased Premises described on Exhibit "D" attached hereto and made a part hereof (the "Tenant'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"), lighting or sprinklers because of the nature of its business, in excess of those already provided to the Leased Premises, then the Tenant shall be responsible for the cost of installing and/or supplying such additional utilities, subject to 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 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 Article 20.02) provided by the Landlord to install the Tenant's Work.

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 (the "promptly upon Substantial Completion of Landlord's ’s Work"), and Tenant shall diligently pursue such work to completion. Landlord agrees to deliver the Premises There shall be no chargebacks to Tenant with for the cost of any item included in 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 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 and/or performed 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. (b) In the event that the Premises and Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's Work shall be deemed "substantially completed" when (i) all of the Landlord's Work has been completed except for "punch list items" that do not affect the Tenant's use of or the appearance of the Premises or Tenant's ability to perform Tenant's Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's performance of Tenant's Work(i.e., so-called “back charges”) and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's Work substantially completed, which substantial completion shall be evidenced by Landlord's architect to Tenant. (e) The Landlord's Work and Tenant's Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld obligated to pay any additional construction charges or delayed and (ii) 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 compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct Tenant’s Work. Prior to installation of a joint walk through temporary barricade in front of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's construction. Leased Premises, Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "D" attached hereto and made a part hereof (the "Tenant's Work")shall provide Landlord with barricade appropriate artwork for an “opening soon” advertisement thereon.

LANDLORD’S AND TENANT’S WORK. (a) Prior A. Landlord agrees to delivery of possession of perform 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 work as set forth in Section 2(e) the plans identified in paragraph E below which are to be prepared by Tenant for the build out of the demised premises. The demised premises shall be substantially similar, in work and materials, as that of the space currently occupied by tenant at 135-27 38th Avenue, Flushing, New York. B. Except for as specxxxxxxxx xxxxx xx Xxxxxxx "X" xxxxxx xnd at Article "50" and the other Articles that reference work to be performed by the Landlord herein, Tenant agrees that Landlord shall not be obligated to make or perform any work, installations, repairs, alterations, improvements or additions whatsoever to prepare the demised premises for Tenant's occupancy nor subsequent thereto. Tenant shall, at its sole cost and expense, immediately after the Commencement Date of this lease, commence to do, and thereafter diligently and in good faith, complete all work and make all installations necessary, if any, to enable it to conduct its business in the demised premises, free of mechanics and other liens, encumbrances or financing statements, and shall equip the demised premises with all trade fixtures, personal property, facilities, furniture and equipment suitable or appropriate to the regular and normal operation of its business (the all hereinafter referred to as "LandlordTenant's Work"). Landlord agrees that no material deviation from the plans, drawings or specifications approved by Landlord, shall be made by Landlord without Tenant's prior written approval. C. All Tenant's Work, if any, shall be carried out and performed in a first class good and workmanlike manner and shall be governed by, and be subject to, the following: (i) Before commencing any permitted construction or renovation work, Tenant shall deliver to deliver Landlord plans, drawings and specifications for the Premises construction or renovation work to be carried out by Tenant with in, on and about the demised premises (but not for Tenant's trade fixtures or moveable equipment) for Landlord's Work substantially completed (as defined in Section 2(c)) between July 15prior written approval. Within a reasonable time after such plans, 2006 drawings and September 15, 2006 (the "Delivery Period"). specs have been submitted to 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 Noticefor its written approval, Landlord shall have no further right in writing give its approval or disapproval, and if the latter, the reasons therefore. In any case in which Landlord so disapproves, Landlord shall specify, in reasonable detail, the respect in which Tenant's plans, drawings and specifications are unsatisfactory. Not later than ten days following receipt of such notice of disapproval from Landlord, Tenant shall submit to modify Landlord corrected plans, drawings and specifications for Landlord's written approval. All terms applicable to the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date original submission of Tenant's plans, drawings and specs shall be (y) earlier than (i) thirty (30) days after the date applicable to such supplemental submission. Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or shall reimburse Landlord for all expenses incurred in connection herewith. (ii) the All such work and installations which Tenant shall perform and install, and all work shall be performed, provided, installed and obtained by Tenant at Tenant's sole cost and expense and only in accordance with such plans, drawings and specifications which have been approved in writing by Landlord and shall also have been first day approved in writing by such city, state, federal and other governmental authorities, commissions, agencies, boards and departments as have jurisdiction thereover whose prior written approval of same shall be necessary. Tenant further agrees to comply strictly with all applicable laws, ordinances, rules, regulation, codes and requirements of, and to obtain and comply with all permits, licenses and approvals required by, all city, state, federal and other governmental authorities, commissions, agencies, boards and departments and of the Delivery Period fire insurance rating organization having jurisdiction thereof, and the local board of fire underwriters, or (z) later than the last day any similar body. Installations which may be required in order to obtain proper certificates of the Delivery Period. If Landlord does New York Board of Fire Underwriters, the Board of Electrical Underwriters and any other successor boards, bodies or agencies or quasi-public boards, bodies or agencies successors thereto, and such other certificates, licenses and permits as shall be required by city, state, federal and other governmental authorities, commissions, agencies, boards and departments having jurisdiction in connection with the demised premises and improvements in order that it may be operated for the purposes set forth in this lease, including but not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior limited to the Estimated Delivery Date or if Building Department and the date provided for Environmental Protection Administration, Office of Air Resources, and other agencies referred to in such Final Delivery Notice does not comply with the requirements of this Section 2subdivision, the Estimated Delivery Date shall be deemed obtained by Landlord at Landlord's sole cost and expense. (iii) Tenant agrees that no material deviation from the plans, drawings or specifications approved by Landlord, shall be made by Tenant without Landlord's prior written approval. (iv) Tenant acknowledges and agrees that approval of such plans, drawings and specifications by Landlord neither shall constitute the assumption by Landlord of any responsibility for their accuracy or sufficiency, Tenant alone being responsible therefor, nor make Landlord liable in any way to pay anyone in order to remove and cancel a mechanic's lien of record. (v) Tenant shall promptly obtain from time to time as work is completed, and convey to Landlord, written approvals from all governmental authorities, agencies, commissions, boards and departments and quasi-governmental boards, bodies and agencies with jurisdiction over matters relative to all work to be performed by Tenant under this lease, including, but not limited to, electrical, water, plumbing, heating, ventilating and cooling and telephone work. (vi) Prior to the Final Delivery Datecommencement of Tenant's Work or any other permitted construction or work by Tenant and until completion thereof, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on Tenant shall at its own cost and expense maintain, 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 cause to be maintained, and deliver to Landlord certificates evidencing the last day of the Delivery Period.existence of, fully paid up policies of: (a) Workers' Compensation Insurance in statutory amounts covering all persons employed in connection with such work; and (b) In For the event mutual benefit of Landlord and Tenant, comprehensive general liability insurance, including contractual and completed operations coverage, with limits of liability no less than $1,000,000.00 combined single limit per occurrence, with reputable insurance companies licensed to do business in New York. Certificates of insurance issued by insurance carriers licensed to do business in the State of New York and having Best's Insurance Reports' rating of at least A+, being in at least its Class XII financial size category and indicating that all such insurance is in full force and effect, shall be satisfactory. All such insurance shall provide that the Premises and Landlord's Work are not substantially completed and delivered to Tenant on coverage or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's Work. Tenant limits therein shall not be obligated canceled, modified or reduced except upon at least thirty days' prior written notice to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (cvii) For purposes Tenant hereby indemnifies and agrees to save and hold Landlord harmless from and against all claims, suits, judgments, damages and expenses (including, but not limiting to, attorney's fees) brought, recovered, exacted against or incurred by Landlord for or on account of this Lease, any claim growing out of any injury to or the death of any person or persons or any injury or damage to Landlord's Work shall be deemed "substantially completed" when (i) all property or that of any other person or entity arising out of the Landlord's Work has been completed except for "punch list items" that do not affect the Tenant's use of or the appearance of the Premises or Tenant's ability to perform Tenant's Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's performance of Tenant's Work, and Landlord shall be responsible for or by or on account of any and all costs resulting from act, omission, or negligence of anyone or of the agents, employees, contractors, subcontractors, vendors, materialmen of anyone or of any such unreasonable interferenceother person having anything whatsoever to do in connection with Tenant's work hereunder. (dviii) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's Work substantially completed, All work and installations which substantial completion shall be evidenced by Landlord's architect to Tenant. (e) The Landlord's Work and Tenant's Work shall be performed (i) and provided by Tenant for the demised premises at any time during the term of this lease, and all construction, additions, alterations, improvements and replacements placed upon the demised premises by Tenant at any time, as well as all fixtures and articles or personal property attached to or used in a good and workmanlike manner and in accordance connection with plans and specifications approved by the other partydemised premises, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codesshall, lawsupon installation, ordinances and regulations. (f) become the property of the Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date date fixed as the termination of this lease, elects to ascertain the status of relinquish Landlord's construction. rights to some or all of the foregoing items by enumerating them in said notice, in which event the enumerated items shall be removed from the demised premises by Tenant agrees prior to providethe expiration of the lease, at Tenant's expense, and Tenant shall immediately and at its expense, upon delivery repair and restore the demised premises to the condition existing immediately after completion of the Premises to Tenant, the improvements to the Premises described on Exhibit "D" attached hereto and made a part hereof (the "Tenant's Work"), ordinary wear and tear excepted, and repair any damage to the demised premises or the building due to such removal, except that this clause shall not include within its context any moveable personal property, equipment or trade fixtures purchased and installed by Tenant for the purpose of adapting the premises to its intended use, but upon removal of any such moveable personal property, equipment or trade fixtures Tenant shall immediately and at its own expense repair and restore the demised premises to the condition existing prior to installation. D. No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make Improvements in the demised premises shall in any way be deemed to be an agreement by Landlord that the contemplated Improvements comply with any applicable laws, ordinances, rules and regulations of governmental authorities having or asserting jurisdiction in the demised premises or the certificate of occupancy for the Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of any of the terms of this lease, Notice is hereby given that neither Landlord, Landlord's agents, the Superior Lessor nor the Superior Mortgagee shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanic's or other lien for such labor or materials shall attach to or affect any estate or interest of Landlord or the Superior Lessor or Superior Mortgagee in and to the demised premises, the Building or the land on which the Building is located. E. Tenant shall, at its sole cost and expense, prepare such plans as is required for the build out of demised premises and have same approved by the requisite governmental authorities and further arrange for the necessary work permits to be issued. Tenant shall diligently and timely (without delay) prepare such plans and submit same for approval and shall otherwise comply with all requests/requirements of the governmental authorities in connection therewith. Upon approval of the plans and issuance of the permits, Landlord shall commence its work and shall obtain, at Landlord's cost and expense, a new certificate of occupancy for the demised premises consistent with the use contemplated herein. In the event that tenant is unable to obtain approval of such plans by December 3, 2003, tenant may void this lease agreement. Landlord may continue to market the space. If landlord receives a bonafide offer for the space land should provide a copy of the offer to tenant and tenant should have 15 days to accept or reject the lease.

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. (b) In the event that the Premises and Landlord's ’s Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's ’s Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's ’s Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's ’s Work shall be deemed "“substantially completed" ” when (i) all of the Landlord's ’s Work has been completed except for "“punch list items" ” that do not affect the Tenant's ’s use of or the appearance of the Premises or Tenant's ’s ability to perform Tenant's ’s Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's ’s completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's ’s performance of Tenant's ’s Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's ’s Work substantially completed, which substantial completion shall be evidenced by Landlord's ’s architect to Tenant. (e) The Landlord's ’s Work and Tenant's ’s Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's ’s construction. Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "“D" ” attached hereto and made a part hereof (the "“Tenant's ’s Work"”).

LANDLORD’S AND TENANT’S WORK. The parties agree that the work to be done by the Landlord is as set out in Schedule "B" hereto and that any additional work shall be Tenant's Work hereunder. For greater certainty, the Tenant acknowledges and agrees that it is accepting possession of the Leased Premises in "as is where is" condition as of the commencement of the Fixturing Period (as hereinafter defined). Prior to the Tenant accepting possession of the Leased Premises the Landlord will provide and install at the Landlord's expense the following Landlord'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 providing the Leased Premises delivered according 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, Base Building Specifications 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 set out 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.Schedule "B" hereto; (b) In building standard demising walls; (c) building standard entrance and exit doors for the event Leased Premises including a door connecting the lunch area to the outdoor area; and (d) a scissor lift of the same general specifications as in Xillix Technologies Corp. premises at 00000 Xxxxxxxx Xxxxxxx. The Landlord shall also ensure that there is access for five tonne trucks to the Tenant's loading areas. The Landlord shall provide the Tenant with a preliminary space plan at a cost not to exceed $0.10 per square foot of the Area of Leased Premises and a full set of base building construction drawings including specifications at no cost to the Tenant. The Tenant shall be responsible for its own improvements to the Leased Premises and shall have the right to improve the internal stairwell connecting the Leased Premises. Should the Tenant require additional utilities because of the nature of its business, in excess of those already provided to the Leased Premises, then the Tenant shall be responsible for the cost of installing and/or supplying such additional utilities, subject to the Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Dateprior approval. In addition, the Base Rent due hereunder Tenant shall have the right to make minor improvements to the landscaped area outside of the Building and to install picnic tables near the door adjacent to the Tenant's lunch room, subject to the Landlord's prior approval. The Tenant shall be adjusted so thatentitled to a Rent free fixturing period (the "Fixturing Period") which shall expire October 31, after 1996 for the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day purposes of Base Rent for each day after fixturing and installing improvements in the Final Delivery Date until delivery of the Premises is made to Tenant consistent with Leased Premises. All the terms of this Lease, including substantial completion of the Landlord's Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's Work Lease shall be deemed "substantially completed" when (i) all applicable during the Fixturing Period save for the payment of the Landlord's Work has been completed except for "punch list items" that do not affect the Tenant's use of or the appearance of the Premises or Tenant's ability to perform Tenant's Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's performance of Tenant's Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interferenceRent. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's Work substantially completed, which substantial completion shall be evidenced by Landlord's architect to Tenant. (e) The Landlord's Work and Tenant's Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's construction. Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "D" attached hereto and made a part hereof (the "Tenant's Work").

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. (b) In the event that the Premises and Landlord's ’s Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that, after the Rent Commencement Date, Tenant shall receive a credit against Base Rent thereafter due Landlord equal to one (1) day of Base Rent for each day after the Final Delivery Date until delivery of the Premises is made to Tenant consistent with the terms of this Lease, including substantial completion of the Landlord's ’s Work. Tenant shall not be obligated to accept possession of the Premises prior to the later of (a) substantial completion of Landlord's Work, ’s Work and (b) the first day of the Delivery Period and (c) the Final Delivery Date. Time is of the essence regarding all dates set forth in this Section 2. (c) For purposes of this Lease, the Landlord's ’s Work shall be deemed "“substantially completed" ” when (i) all of the Landlord's ’s Work has been completed except for "“punch list items" ” that do not affect the Tenant's ’s use of or the appearance of the Premises or Tenant's ’s ability to perform Tenant's ’s Work (as defined in Section 2(f) below), (ii) Landlord has satisfied the requirements of Section 2(g), and (iii) Tenant has been furnished with a fully executed non-disturbance agreement from the holder(s) of any then existing Mortgages, which agreement is consistent with Section 11 of this Lease. Landlord shall complete the punch list items within thirty (30) days of the date Tenant notifies Landlord of same. Upon performance of such punch list, Tenant shall promptly acknowledge Landlord's ’s completion thereof. Punch list items shall not be deemed completed until an authorized representative of Tenant has provided Landlord written acknowledgment of same. Landlord agrees that any and all work performed by Landlord after delivery of the Leased Premises to Tenant shall not unreasonably interfere with Tenant's ’s performance of Tenant's ’s Work, and Landlord shall be responsible for any and all costs resulting from any such unreasonable interference. (d) Actual possession of the Premises shall have been delivered to Tenant water-tight, free of Hazardous Substances, in a good, structurally sound condition, with all of Landlord's ’s Work substantially completed, which substantial completion shall be evidenced by Landlord's ’s architect to Tenant. (e) The Landlord's ’s Work and Tenant's ’s Work shall be performed (i) in a good and workmanlike manner and in accordance with plans and specifications approved by the other party, which approval shall not be unreasonably withheld or delayed and (ii) in compliance with all applicable governmental codes, laws, ordinances and regulations. (f) Landlord and Tenant agree that they shall conduct a joint walk through of the Premises approximately two (2) weeks prior to the Final Delivery Date to ascertain the status of Landlord's ’s construction. Tenant agrees to provide, at its expense, upon delivery of the Premises to Tenant, the improvements to the Premises described on Exhibit "“D" ” attached hereto and made a part hereof (the "“Tenant's ’s Work"”).