Common use of LANDLORD’S INITIAL CONSTRUCTION Clause in Contracts

LANDLORD’S INITIAL CONSTRUCTION. Landlord has constructed, at its sole cost and expense, the base, shell and core (i) of the Premises, and (ii) of the floor of the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items (except to the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf of Tenant in the Premises shall be designed and constructed pursuant to this Tenant Work Letter.

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the base, shell and core (i) of following work in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (hereinafter called "Building Standard" except as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition otherwise specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 Plans and Section 30(bb) of the Lease and the foregoing shall not affect Specifications. Ø Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items shall provide a “new building installation” in the Premises based on Tenant’s Plans and Specifications, which are attached hereto in Exhibit 1, which work shall be completed (except for “punchlist items”) on but not before January 1, 2010 (the “Lease Commencement Date”). Landlord shall provide all architectural services with respect to Landlord’s Initial Construction at Landlord’s sole expense. Landlord shall obtain all permits and approvals with respect to Landlord’s said work, at Landlord’s sole expense. Landlord’s work shall be performed in accordance with Tenant’s Plans and Specifications as shown in Exhibit 1. Ø Notwithstanding anything contained herein to the extent contrary, Landlord’s Initial Construction shall be deemed to have been substantially completed on the earlier of (i) the date upon which Landlord’s Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of Tenant's Initial Construction and (C) any part of Landlord’s Initial Construction that such repair is attributable not completed due to Tenant Delay; provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and (ii) the acts or omissions date Tenant takes possession of the Premises for the performance of Alterations. The taking of possession of the Premises by Tenant for the performance of Alterations by Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf commencement of Tenant its business operations in the Premises shall be designed conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Letter.complete with reasonable diligence after said Tenant’s taking of possession of the Premises. SCHEDULE C REQUIREMENTS FOR "CERTIFICATES OF FINAL APPROVAL"

LANDLORD’S INITIAL CONSTRUCTION. I. (1) Landlord has constructedand Tenant have agreed upon a schematic plan (the "Schematic Plan") for construction of Landlord's Initial Construction a copy of which is attached hereto as Exhibit A-1. Landlord shall cause Landlord's Architect to complete and deliver to Tenant a plan ("Tenant's Plan") consistent with the Schematic Plan, at its sole cost and expense, for the base, shell and core (i) construction of the PremisesLeased Premises to prepare for Tenant's occupancy. Tenant's Plan shall contain all details of Tenant's proposed improvements to the Leased Premises which are required to permit such construction by Landlord, including, without limitation, selections of wall coverings, selection of paint colors, selection of carpeting, door keying schedule, and (ii) the heat factor, if any, of all equipment intended to be used in, and the human load factor proposed for, each room or other area. Tenant's Plan shall also include as many requests for pricing of alternatives as Tenant wishes to consider prior to authorizing Landlord to commence the work pursuant to Paragraph III below. All of the floor improvements shown on Tenant's Plan as it is finally approved by Landlord and Tenant are hereinafter referred to as "Landlord's Initial Construction." Landlord shall allow Tenant and its agents and employees access to the Leased Premises at all reasonable times from and after the date hereof for the purpose of developing Tenant's Plan. Landlord agrees to reasonably cooperate with Tenant and Tenant's agents, employees and contractors during the Project on which the Premises is located (collectively, the “Base, Shell and Core”)development of Tenant's Plan. Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that in order to prepare Tenant's Plan, Landlord's Architect will need the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items (except to the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf full cooperation of Tenant in making decisions with respect to such plan concerning colors, carpets and other details described above. Tenant shall approve or request modifications to Tenant's Plan within two (2) business days of receipt from Landlord's Architect. Tenant agrees to act promptly and within the Premises shall be designed schedule set forth by Landlord's Architect for the making of all decisions and constructed pursuant to this Tenant Work Letterapprovals required.

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the base, shell and core (i) of following work in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (hereinafter called "Building Standard" except as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition otherwise specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 Plans and Section 30(bb) of the Lease and the foregoing shall not affect Specifications. Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items shall provide a “new building installation” in the Premises based on Tenant’s Plans and Specifications, which are attached hereto in Exhibit 1, which work shall be completed (except for “punchlist items”) on but not before January 1, 2010 (the “Lease Commencement Date”). Landlord shall provide all architectural services with respect to Landlord’s Initial Construction at Landlord’s sole expense. Landlord shall obtain all permits and approvals with respect to Landlord’s said work, at Landlord’s sole expense. Landlord’s work shall be performed in accordance with Tenant’s Plans and Specifications as shown in Exhibit 1. Notwithstanding anything contained herein to the extent contrary, Landlord’s Initial Construction shall be deemed to have been substantially completed on the earlier of (i) the date upon which Landlord’s Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of Tenant's Initial Construction and (C) any part of Landlord’s Initial Construction that such repair is attributable not completed due to Tenant Delay; provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and (ii) the acts or omissions date Tenant takes possession of the Premises for the performance of Alterations. The taking of possession of the Premises by Tenant for the performance of Alterations by Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf commencement of Tenant its business operations in the Premises shall be designed conclusive evidence as against Tenant that, at the time such possession was so taken, the Premises and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Letter.complete with reasonable diligence after said Tenant’s taking of possession of the Premises. SCHEDULE C REQUIREMENTS FOR "CERTIFICATES OF FINAL APPROVAL"

LANDLORD’S INITIAL CONSTRUCTION. Subject to the other terms and provisions hereof, Landlord has constructedagrees, at its sole cost and expenseexpense and without charge to Tenant, to do the basefollowing work, shell and core (i) of one time, in the Premises, all of which work shall be of quality, installation, design, capacity, finish and (ii) color of the floor of building standard adopted by Landlord for the Project on which the Premises is located (collectively, the Building hereinafter called “Base, Shell and CoreBuilding Standard”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, : • Landlord shall deliver build out the Premises Premises, using Building Standard finishes, as per the plan and workletter attached in Schedule 1. • Landlord shall cosmetically upgrade the existing bathrooms in the Premises. • Landlord shall provide and install a two (2) ton supplemental AC unit in the server room. • Landlord to Tenant provide complete ADA and code compliant sprinkler system and life safety system in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, Premises. • Landlord to provide asbestos free and other unobstructed vertical and horizontal shaft space for Tenant’s communication needs. • Deliver all Building systems servicing and HVAC units serving the Premises in good working order order. • Remove all Hazardous Substances and condition no later than Prohibited CFC’s from the Estimated Delivery Date (as defined in Premises. Notwithstanding anything contained herein to the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentencecontrary, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, Initial Construction shall be deemed to constitute have been substantially completed on the earlier of (i) the date upon which Landlord’s satisfaction Initial Construction has been completed, other than (A) minor details or adjustments, (B) items which, in accordance with good construction practice, should be performed after completion of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Tenant’s initial Alterations and (C) any part of Landlord’s sole cost Initial Construction that is not completed due to Tenant Delay (as defined herein); provided, that in each case Landlord shall nevertheless remain obligated to complete Landlord’s Initial Construction and expense, promptly correct (ii) the date Tenant takes possession of the Premises for the performance of Alterations or for any such items (except to other reason. The taking of possession of the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Premises by Tenant shall be solely responsible for conclusive evidence as against Tenant that, at the same). The renovations to the improvements by or on behalf of Tenant in time such possession was so taken, the Premises shall be designed and constructed pursuant the Building were in good and satisfactory condition and that Landlord’s Initial Construction was fully and satisfactorily completed except for minor or insubstantial details of construction or mechanical adjustment which Landlord agrees to this Tenant Work Lettercomplete with reasonable diligence after Tenant’s taking of possession.