Common use of Landlord’s Contributions Clause in Contracts

Landlord’s Contributions. Landlord will provide a construction allowance not to exceed $30.00 multiplied by the Usable Square Footage of the Premises (the “Construction Allowance”), toward the cost of constructing the Landlord Work. Payments shall be made directly to Landlord’s contractor performing the Landlord Work. The cost of (a) all space planning; design, consulting or review services and construction drawings, (b) extension of electrical wiring from Landlord’s designated location(s) to the Premises, (c) purchasing and installing all building equipment for the Premises (including above building standard electrical equipment approved by Landlord), (d) required metering, re-circuiting or re-wiring for metering, equipment rental, engineering design services, consulting services, studies, construction services, cost of billing and collections, (e) materials and labor, (f) supplemental air conditioning, (g) fire suppression systems (h) cabling for telecommunications systems and computers, and (i) security systems, shall all be included in the cost of the Landlord Work and may be paid out of the Construction Allowance, to the extent sufficient funds are available for such purpose. In addition, Tenant shall be entitled to use any portion of the Construction Allowance which is not utilized for the cost of constructing the Landlord Work (up to a maximum of Two Dollars ($2.00) multiplied by the Usable Square Footage of the Premises) for the payment of Tenant’s costs of moving its personal property to the Premises. The Construction Allowance made available to Tenant under this Work Letter must be utilized for its intended purpose within 365 days of the Effective Date or be forfeited with no further obligation on the part of Landlord.

Landlord’s Contributions. Landlord will provide a construction allowance not to exceed $30.00 18.00 multiplied by the Usable Rentable Square Footage of the Premises Second Expansion Space (the “Construction Allowance”), toward the cost of constructing the Landlord Work. Payments shall be made directly to Landlord’s contractor performing the Landlord Work. The cost of (a) all space planning; , design, consulting or review services and construction drawings, (b) extension of electrical wiring from Landlord’s designated location(s) to the PremisesSecond Expansion Space, (c) purchasing and installing all building equipment for the Premises Second Expansion Space (including any submeters and other above building standard electrical equipment approved by Landlord), (d) required metering, re-circuiting or re-wiring for metering, equipment rental, engineering design services, consulting services, studies, construction services, cost of billing and collections, (e) materials and labor, and (f) supplemental air conditioning, (g) fire suppression systems (h) cabling for telecommunications systems and computers, and (i) security systemsan asbestos survey of the Second Expansion Space if required by applicable Law, shall all be included in the cost of the Landlord Work and may be paid out of the Construction Allowance, to the extent sufficient funds are available for such purpose. In addition, Tenant shall acknowledges that an asbestos survey will probably be entitled to use any portion of required by applicable Law and that the Construction Allowance which is not utilized time required for the cost of constructing the Landlord Work (up to a maximum of Two Dollars ($2.00) multiplied by the Usable Square Footage of the Premises) for the payment of such asbestos surveys should be incorporated in Tenant’s costs of moving its personal property to the Premisesconstruction planning. The Construction Allowance made available to Tenant under this Work Letter must be utilized for its intended purpose within 365 180 days of the Effective Date or be forfeited with no further obligation on the part of Landlord.

Landlord’s Contributions. Landlord will provide a construction allowance not equal to exceed (a) the product of $30.00 50.00, multiplied by the Usable Square Footage number of rentable square feet in the Premises Twelfth Expansion Space, which equals $237,250.00 (the “Construction Allowance”), toward the cost of constructing the Landlord Work. The Construction Allowance shall be available for use upon the full execution of this Sixteenth Modification. Payments shall be made directly to Landlord’s contractor and Tenant’s contractors and consultants performing the Landlord Work. The Construction Allowance shall first be distributed to fund the Construction Supervisory Fee (as set forth in Paragraph 5(B) below), then to the cost of the Landlord Work and any Change Order thereto. The cost of the following shall be included in the cost of the Landlord Work and may be paid out of the Construction Allowance, to the extent sufficient funds are available for such purpose: (a) all space planning; , design, consulting or review services and construction drawingsdrawings related to the Landlord Work, (b) extension of electrical wiring from Landlord’s designated location(s) to the PremisesTwelfth Expansion Space, (c) purchasing and installing all building equipment for the Premises Twelfth Expansion Space (including any submeters and other above building standard electrical equipment approved by LandlordCPS), (d) required metering, re-circuiting or re-wiring for metering, equipment rental, engineering design services, consulting services, studies, and construction services, cost of billing and collections, (e) materials and laborlabor incurred in connection with the performance of the Landlord Work, (f) supplemental air conditioningtelecommunications and data cabling, (g) fire suppression systems moving expenses, (h) cabling for telecommunications systems staging and computerstemporary facilities, and (i) security systems, shall all be included (j) audio-visual systems, (k) construction 20750729v.5 B - ii supervisory fees as provided in Paragraph 5(b) hereof, (l) communications and data cabling, (m) Tenant’s legal fees in negotiating this Sixteenth Modification, and (n) purchasing and installing workstations, furniture, fixtures and other equipment for the cost of the Landlord Work and may be paid out of the Construction Allowance, Twelfth Expansion Space to the extent sufficient funds are available available, by reimbursement to Tenant for such purposeactual third party costs within 30 days after receipt of an invoice therefor; provided, however, if Tenant so requests, Landlord shall pay such amounts directly to Tenant’s vendors within 30 days after Tenant has provided Landlord an invoice addressed to Landlord from such vendor together with evidence of Tenant’s approval thereof and other necessary documentation to reasonably establish the amount owed to the such vendor. Costs to Tenant or applied to the Construction Allowance shall exclude, (i) bonding, (ii) work or change orders not approved in advance by Tenant, (iii) overtime or accelerated work schedules that are not approved in advance by Tenant, (iv) Landlord’s Requirements, and (v) construction supervisory or management fees other than as provided in Paragraph 5(b) hereof. In addition, and provided that there are sufficient funds available in the Construction Allowance after completion of the Landlord Work as provided herein, Tenant shall be entitled to use any may utilize the remaining portion of the Construction Allowance which is not utilized for toward a credit against Basic Rental (the cost of constructing the Landlord Work (“Rent Credit”) in an amount up to a maximum amount of Two Dollars $2.00 per rentable square foot in the Twelfth Expansion Space per year. Subject to the foregoing regarding the Rent Credit ($2.00) multiplied by which right to utilize the Usable Square Footage Rent Credit shall extend beyond the end of the Premisestwelfth (12th) for month following the payment Effective Date of Tenant’s costs of moving its personal property to this Sixteenth Modification), if the Premises. The Construction Allowance made available to Tenant under this Work Letter must be is not utilized for its intended purpose within 365 days twelve (12) months of the Effective Date or of this Sixteenth Modification solely as a result of Tenant Delay, then any then-remaining balance thereof shall be forfeited with no further obligation on the part of Landlord. In no event shall the Construction Allowance be used to fund Landlord’s Requirements set forth in Paragraph 7.

Landlord’s Contributions. Upon the Effective Date of this Second Amendment, Landlord will provide a construction allowance not to exceed $30.00 15.00 multiplied by the Usable Square Footage rentable square footage of the Premises (the “Construction Allowance”), toward the cost of constructing the Landlord Work. Payments shall be made directly to Landlord’s contractor performing the Landlord Work. The cost of (a) all space planning; , design, consulting or review services and construction drawings, (b) extension of electrical wiring from Landlord’s designated location(s) to the Premises, (c) purchasing and installing all building equipment for the Premises (including any submeters and other above building standard electrical equipment approved by Landlord), (d) required metering, re-circuiting or re-wiring for metering, equipment rental, engineering design services, consulting services, studies, construction services, cost of billing and collections, (e) materials and labor, and (f) supplemental air conditioning, (g) fire suppression systems (h) cabling for telecommunications systems and computers, and (i) security systemsan asbestos survey of the Premises if required by applicable Law, shall all be included in the cost of the Landlord Work and may be paid out of the Construction Allowance, to the extent sufficient funds are available for such purpose. In additionNotwithstanding anything in this Paragraph 3 to the contrary, Tenant in no event shall Landlord be entitled to use any portion liable for “soft costs” that, in the aggregate, are in excess of 15% of the Construction Allowance which is not utilized for the cost of constructing the Landlord Work (up to a maximum of Two Dollars ($2.00) multiplied by the Usable Square Footage of the Premises) for the payment of Tenant’s costs of moving its personal property to the PremisesAllowance. The Construction Allowance made available to Tenant under this Work Letter must be utilized for its intended purpose within 365 days of the Effective Date or be forfeited with no further obligation on the part of Landlord.