Common use of Landlord’s Work - Tenant’s Work Clause in Contracts

Landlord’s Work - Tenant’s Work. Section 3.1. Except for the Landlord Renovation Work and except as otherwise expressly set forth in this Lease, Landlord shall not be required to perform any other work in the Premises; and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises in an “as is” condition. Section 3.2. Tenant, at Tenant’s sole cost, shall provide certain interior improvements (“Tenant Improvements”) in the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” hereto. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to the Tenant Improvements. Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required), Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot files. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any additional work to be performed during the demised term hereof shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) before work is commenced and otherwise pursuant to the provisions of Section 3.2 above.

Landlord’s Work - Tenant’s Work. Section 3.1. Except for 3.1 Tenant accepts the Landlord Renovation Work demised premises in a so-called “as-is” condition and except as otherwise expressly set forth in this Lease, agrees that Landlord shall not be required to perform any other work in the Premises; and whatsoever therein, except for the Landlord Renovation Work and except for Landlord’s delivery obligations as expressly set forth in Section 1.2 abovethis Lease. In the event demolition is required of any existing improvements, Tenant accepts the Premises in an “as is” condition. Section 3.2. Tenant, agrees to undertake same at Tenant’s sole costcost and expense as a portion of the Tenant Improvements. Notwithstanding the foregoing to the contrary, Landlord agrees that it will deliver the demised premises to Tenant with the existing electrical, HVAC and plumbing systems serving the demised premises in good working order. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of any building systems or any HVAC units, electrical or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. Section 3.2 Tenant shall provide certain interior improvements (“Tenant Improvements”) in the Premises demised premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) before work is commenced and which detailed plans and specificationsplans, once approved, shall become Exhibit “C” hereto. Landlord All such Tenant Improvements shall not unreasonably withhold, condition or delay approval be made at the sole cost of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Spacein accordance with Exhibit “C” hereto. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord , which approval shall not be unreasonably withholdwithheld, condition conditioned or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to delayed (the Tenant Improvements“Architect”). Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required)permits, Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. The following Architect shall be deemed approved by the Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvementsin accordance with this Lease: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134CAC Architects. Landlord shall have the right to monitor the construction of the Tenant Improvements for conformance with the plans and specifications. Any material deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees agrees, if requested by Landlord, to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises demised premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work Work in the Premisesdemised premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course of any Tenant’s workWork, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form form, and flood insurance, insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot files. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any 3.3 Any additional work to be performed by Tenant during the demised term Term hereof shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) Landlord’s Architect before work is commenced and otherwise pursuant to the provisions of Section 3.2 above.

Landlord’s Work - Tenant’s Work. Section 3.1. Except for the Landlord Renovation Work and except as otherwise expressly set forth in this Leaseprovided herein below, Landlord shall not be required to perform any other work in the Premises; demised premises, and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises demised premises in an “as is” condition. Landlord shall deliver the demised premises to Tenant with the roof watertight and the parking lot, existing HVAC systems and existing plumbing, electrical and other building systems (excluding, however, any systems installed by the prior tenant including those described in the following sentence) in good working order. All existing lab benches, eight (8) vented fume hoods, existing cubicles, computer network wiring and DI water system in a decommissioned state (without the softener portion of the system) left at the demised premises by the prior tenant shall remain in place at the demised premises, but Landlord makes no representation as to the condition of the same or their suitability for use by Tenant. Such items may be used by Tenant but shall remain in the demised premises at the end of the demised term (except for the computer network wiring, which Landlord may require Tenant to remove pursuant to the provisions of Section 12.2. below). As an inducement to Tenant to lease the demised premises from Landlord, Landlord agrees to provide to Tenant the amount of Seventy-Two Thousand Eight Hundred Eighty-Two Dollars ($72,882.00) (the “Inducement”) in accordance with the provisions of Exhibit “E” attached hereto. Section 3.2. Tenant, at Tenant’s sole cost, Tenant shall provide certain interior improvements (“Tenant Improvements”) in the Premises demised premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord or Landlord’s architect before work is commenced and which detailed plans and specificationsplans, once approved, shall become Exhibit “C” hereto. Landlord All such Tenant Improvements shall not unreasonably withhold, condition or delay approval be made at the sole cost of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Spacein accordance with Exhibit “C” hereto. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to (the Tenant Improvements“Architect”). Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required)permits, Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises demised premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premisesdemised premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with abide by the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Constructionas built” plans therefor in AutoCAD format, including such format which is compatible to Landlord’s computer aided design software after all x-refs, fonts and plot filessuch work is completed. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any Any additional work to be performed during the demised term hereof shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) Landlord’s Architect before work is commenced and otherwise pursuant to the provisions of Section 3.2 3.2. above.

Landlord’s Work - Tenant’s Work. Section 3.1Within thirty (30) days from the Effective Date hereof, Tenant shall submit its Plans for Tenant’s Work to Landlord for approval. Except If Landlord notifies Tenant that changes to Tenant’s Plans are necessary for Landlord to approve the Plans, Tenant shall submit revised Plans to Landlord Renovation Work and except as otherwise expressly set forth in this Leasewithin five (5) business following receipt of such notice. Once Landlord has approved the Plans, Tenant shall submit sealed drawings to Springfield Township for approval thereof within five (5) business following Landlord’s approval. Upon receipt of a building permit from Springfield Township, Landlord shall not be complete construction of its required to perform any other work in improvements (the Premises; and except for the Landlord Renovation Work and except for “Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises in an “as is” condition. Section 3.2. Tenant, at Tenant’s sole cost, shall provide certain interior improvements (“Tenant ImprovementsWork”) in substantial compliance with the “Landlord’s Work Letter” at Exhibit C-1 attached hereto, with such minor variations as Landlord in its reasonable discretion may deem advisable. Landlord’s Work shall be done in a first class, professional and workmanlike manner. When Landlord certifies in writing to Tenant that Landlord has completed that portion of Landlord’s Work such that the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit is ready for commencement of Tenant’s Work (“C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary PlansTenant’s Work Notice”), which Preliminary Plans Tenant agrees to accept possession thereof and to proceed with due diligence to perform Tenant’s Work as described in the “Tenant Criteria Manual” in Exhibit C-2. Tenant shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially complete Tenant’s Work within one hundred twenty (120) days (the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” hereto. Landlord shall not unreasonably withhold, condition or delay approval Fixturization Period”) following receipt of Tenant’s plans and specifications for Work Notice. In the event that Tenant Improvements. As part fails to meet any of the Tenant Improvementstimeframes identified in this Section 3.2, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Landlord may reduce Tenant’s direction, which architect shall be approved Fixturization Period by Landlordone (1) day for every day of delay by Tenant in meeting such timeframes. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to If Tenant is unsuccessful in procuring the Tenant Improvements. Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required)Premises, Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right right, to monitor pursue the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlordsame on Tenant’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progressbehalf. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course event of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot files. Section 3.3. Except for any obligations of Landlord dispute as expressly set forth in this Lease, any additional to work performed or required to be performed during by Landlord or Tenant pursuant to Exhibit C-2, the demised term hereof certificate of Landlord’s architect or engineer shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must conclusive. Any claim regarding delays by either party shall be approved, in writing, raised by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) before work is commenced and otherwise pursuant written notice to the provisions of Section 3.2 aboveother party.

Landlord’s Work - Tenant’s Work. Section 3.1. Except for Tenant Allowance, Alterations ------------------------------ 8.1 Within the Landlord Renovation Work and except as otherwise expressly set forth in this LeaseDemised Premises, Landlord shall not provide, for the Tenant, the items of construction, facilities, and equipment shown or described in Exhibit C, attached hereto, excluding, however, alterations, deletions or other changes to the same resulting from Tenant Plans and included within Tenant's Work as set forth hereinafter (hereinafter referred to as "Landlord's Work"). Landlord agrees to pay for the Landlord's Work up to the amount of the "Tenant Allowance" (hereinafter defined). Any cost or expense in excess of the Tenant Allowance shall be required paid for by Tenant, immediately upon demand by Landlord. Landlord's obligation to perform the Landlord's Work shall be subject to and contingent upon timely payment by Tenant of any other work cost or expense in excess of the Premises; and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises in an “as is” conditionAllowance. Section 3.2. 8.2 Tenant, at Tenant’s sole costits expense, will cause to be prepared by its architects and engineers, which architects and engineers shall be subject to the prior prompt reasonable approval of Landlord, and shall submit to Landlord, complete working drawings for tenant improvements within the Demised Premises (hereinafter referred to as "Tenant Plans"). Tenant Plans shall be in such form, detail and quantity as may be required for the use of Landlord and the contractor designated for use of Tenant by Landlord pursuant hereto for construction purposes and permits. Tenant Plans shall be subject to Landlord's approval, which approval Landlord (i) will not unreasonably withhold and (ii) shall be either granted or not granted within ten (10) working days of their submission to Landlord. If such Tenant Plans are not so approved, Landlord shall provide certain interior Tenant a specific list of objections to said Tenant Plans at the time of disapproval. Failure of Tenant to submit Tenant Plans to Landlord in time for Tenant to commence construction of Tenant's Work upon notice of availability of the Demised Premises for such pursuant to Section 2.4 hereof shall not be a cause for the extension of the Commencement Date. 8.3 Tenant agrees to reimburse Landlord for Landlord's actual cost of coordinating Tenant Plans to show any additions to or revisions of the Landlord's Work. 8.4 In the event that Tenant wishes to substitute its own requirements for materials or installations different from those specified in Exhibit C, Landlord will credit to the Tenant's account the actual cost to Landlord of Landlord's Work not installed, in stock or ordered. 8.5 In order to preserve architectural unity and quality as well as overall supervision of all tenant improvements within the Building, Landlord shall promptly upon receipt of Tenant Plans, designate a contractor(s) of Landlord's choosing for the actual implementation of the work represented by the Tenant Plans (“herein referred to as "Tenant's Work") and Tenant Improvements”shall contract with such contractor(s) in for Tenant's Work, the Premises expense of which shall be a direct cost of Tenant in accordance with the 1020 terms of said contract. Tenant hereby agrees that contractor(s) chosen by Landlord are expressly permitted to be affiliates or otherwise related parties or entities to Landlord; provided that the cost to Tenant resulting from the use of such affiliates or related parties shall not exceed such as would be expected to be charged by parties not so affiliated or related. The cost and 1060 preliminary plans expenses of the contractor chosen by Landlord shall be offset against the Tenant Allowance. 8.6 Landlord and specifications Tenant shall cooperate in the scheduling and construction of Tenant's Work, and Tenant will not do anything nor fail to do anything that will cause a delay in the completion of the Building or that will increase Landlord's cost of construction. 8.7 It shall be the responsibility of Tenant to place firm orders for communications equipment and its installation with the telephone company and/or others so as to ensure the completion of Tenant's telephones and other communications facilities concurrent with Tenant's Work. Failure to have the Tenant's communications facilities completed shall not be cause for extension of the Commencement Date. 8.8 Landlord shall provide to Tenant upon Tenant's execution of the Commencement Date Agreement as set forth in Article III hereof, an allowance up to the attached Exhibit “C-2” (amount of SEVEN DOLLARS $7.00 per rentable square foot of the 1020 and 1060 preliminary plans, as approved as noted by Landlord, Demised Premises. Such allowance shall collectively be referred to herein hereinafter known as the “Preliminary Plans”), which Preliminary Plans "Tenant Allowance" and shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, applied directly by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” heretoas a credit against its contract for Landlord's Work in the Demised Premises. Landlord shall not unreasonably withhold, condition Any direct or delay approval indirect cost or expense in excess of Tenant’s plans and specifications 's allowance incurred in connection with the completion of Landlord's Work shall pay for the by Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved immediately upon demand by Landlord. Landlord Landlord's obligation to complete Landlord's obligation to complete Landlord's Work shall be subject to Tenant's timely payment of such excess amounts. Landlord's obligation to pay Tenant Allowance hereunder shall not unreasonably withholdbe deemed an obligation to pay Tenant's contractor or any other expenses Tenant may incur in construction of its Tenant's Work. In addition, condition Landlord's payment or delay approval failure to pay Tenant Allowance shall not be a cause for the extension of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect the Commencement Date. 8.9 In addition to the Tenant Improvements. Immediately following approval of the plans and specificationsTenant's Work set forth hereinabove, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required)may, Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by during the Term of this Lease, upon obtaining Landlord's prior written consent, which approval shall not be unreasonably withheld, conditioned make such alterations, additions, substitutions and improvements to the Demised Premises as Tenant may reasonably deem necessary or delayed. Landlord hereby approves each desirable to adapt the Demised Premises or any part thereof for its purposes, provided such changes are not structural in nature, do not adversely affect the electrical equipment or installations or the outside appearance or strength of the following general contractors as an approved General Contractor for Building and do not subject other tenants to interference by noise or vibrations or affect the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction delivery of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptlyelectricity or other utility services. Tenant agrees to holdsubmit plans to Landlord for said alterations, additions, substitutions and improvements for Landlord's approval which landlord will not unreasonably withhold. Landlord shall arrange and contract for all of such alterations, additions, substitutions and improvements to be made, and xxxx Tenant periodically for work completed, such bills to be payable by Tenant to Landlord with five (5) days of being billed therefor. 8.10 All goods, effects, personal property, business and trade fixtures, machinery and equipment owned by Tenant or cause the General Contractor installed at Tenant's expense, exclusive of Tenant's Work and alterations, additions, substitutions and improvements pursuant to holdSection 8.9, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premises, including Demised Premises shall remain the Tenant Improvements, personal property of Tenant and its General Contractor agree may be removed by Tenant at any time, and from time to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shalltime, during the course term of this Lease provided that any damage caused by such removal can be totally repaired and Tenant’s work, including in removing any of such property, does in fact repair all damage to the Demised Premises and the Building caused by such removal. 8.11 Tenant's Work and all alterations, additions, substitutions and improvements made and installed for Tenant Improvementspursuant to Section 8.9, obtain whether at Tenant's or Landlord's cost, shall be and maintainremain Landlord's property, at except Tenant's furniture, furnishings and trade fixtures. Tenant shall be responsible for the maintenance of Tenant's Work and all such alterations, additions, substitutions and improvements pursuant to Section 8.9, and Tenant shall not remove such without the written consent of Landlord, except that Tenant's furniture, furnishings and trade fixtures may be removed without such consent. 8.12 All Tenant Plans for original Tenant's Work and for later alterations, additions, substitutions and improvements shall meet all governmental codes, regulations, and ordinances applicable to the same. 8.13 At its own expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of TenantTenant shall cause to be discharged, Landlord, and any contractors and subcontractors. Within within ten (10) days following Tenant’s completion of the filing thereof, any mechanic's lien filed against the Demised Premises or the Building for work claimed to have been done for, or material claimed to have been furnished to Tenant. Failure to comply with this paragraph shall give Landlord the right to pay and discharge such lien by any means, at Landlord's discretion, and apply all costs in dong so to Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot filesas Additional Rent. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease8.14 Tenant agrees to pay or cause to be paid, before delinquency, any additional work to be performed and all taxes levied or assessed and which become payable during the demised term hereof shall be performed at the sole cost Term upon Tenant's Work or personal property of Tenant located in accordance with detailed plans and specifications therefor which must be approvedthe Demised Premises, in writing, by to the extent Landlord (which approval shall has not be unreasonably withheld, delayed otherwise paid for the same within real estate or conditioned) before work is commenced and otherwise similar taxes on the Building pursuant to the provisions of Section 3.2 above6.5(a) or directly pursuant to Section 6.5(m).

Landlord’s Work - Tenant’s Work. Landlord, at its sole option, may perform the entire work necessary to restore both the shell of the Building and Original Improvements, or may require Tenant to perform the construction necessary to restore the Original Improvements, if the same were constructed by Tenant and not by Landlord and comprise a substantial portion of the improvements in the Premises. Provided Landlord performs the entirety of the work, Tenant shall assign to Landlord (or any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 3.110.3 of this Lease. Except If Tenant’s insurance proceeds are insufficient to cover the costs of restoring the Original Improvements in the Premises, Tenant shall deposit the difference with Landlord prior to the commencement of construction. Notwithstanding anything to the contrary contained herein, if Landlord elects to restore and Tenant fails to perform any of its obligations hereunder, or an event of Default has occurred, Landlord may cease performing the restoration work and Landlord’s obligations under this Section 11 shall be forgiven until such time as such Default is cured pursuant to the terms of this Lease. Tenant may reasonably reconfigure the Premises during restoration provided (a) reconfiguration will not delay restoration and (b) Tenant’s insurance proceeds and/or separate contribution from Tenant will be sufficient to pay for the Landlord Renovation Work costs of reconfiguration. Tenant understands and except as otherwise expressly set forth agrees that changes in this Lease, building codes/ADA may require reconfiguration of the Premises even where Tenant desires to retain the existing configuration. Landlord shall not be required to perform liable for any other work in the Premises; and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises in an “as is” condition. Section 3.2. Tenant, at Tenant’s sole cost, shall provide certain interior improvements (“Tenant Improvements”) in the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” hereto. Landlord shall not unreasonably withhold, condition loss of business inconvenience or delay approval annoyance arising from any repair or restoration of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to the Tenant Improvements. Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required), Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto Building or Project as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course result of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot filesdamage from fire or other casualty. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any additional work to be performed during the demised term hereof shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) before work is commenced and otherwise pursuant to the provisions of Section 3.2 above.

Landlord’s Work - Tenant’s Work. Section SECTION 3.1. Landlord shall, on or before commencement of the demised term (except as provided in Exhibit "C"), provide, or cause to be provided, certain interior improvements as described on EXHIBIT "C" attached hereto in compliance with applicable laws. Except for the Landlord Renovation Work and except as otherwise expressly set forth work described in this LeaseEXHIBIT "C", Landlord shall not be required to perform any other work in the Premisesdemised premises; and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth work described in Section 1.2 aboveEXHIBIT "C", Tenant accepts the Premises demised premises in an “"as is” " condition. Notwithstanding the foregoing to the contrary, Landlord agrees that it will deliver possession of the demised premises to Tenant with the parking area and walkways in good condition and the following existing building systems in good working condition and repair: the roof; exterior walls; HVAC system; electrical system; mechanical; plumbing; lighting; and the existing men's and women's restrooms in the interior of the building. Section SECTION 3.2. Tenant, at Tenant’s sole cost, shall provide certain interior improvements (“Tenant Improvements”) in the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” hereto. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to the Tenant Improvements. Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required), Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot files. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any additional work to be performed during the demised term hereof other than that provided for in SECTION 3.1. and designated as Landlord's Work shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) Landlord's architect before work is commenced commenced. Tenant shall furnish Landlord with a set of "as built" plans therefor in Windows-based AutoCAD format or such other format which is compatible to Landlord's computer aided design software after any such work is completed. Tenant, at Tenant's sole cost and otherwise pursuant expense, shall comply with all laws (including the Americans With Disabilities Act ("ADA")) applicable to its use and occupancy of the demised premises, including changes required to the provisions of Section 3.2 abovebuilding or demised premises on account of, or arising from, Tenant's work and improvements, except as expressly provided in EXHIBIT "C" with respect to Landlord's work.

Landlord’s Work - Tenant’s Work. Section 3.1. Except for the Landlord Renovation Work and except as otherwise expressly set forth in this Lease, Landlord shall not be required to perform any other work in the Premises; and except for the Landlord Renovation Work and except for Landlord’s delivery obligations expressly set forth in Section 1.2 above, Tenant accepts the Premises in an “as is” condition. Section 3.2. Tenant, at Tenant’s sole cost, shall provide certain interior leasehold improvements (“"Tenant Improvements”") in to be made to the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” heretodemised premises. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s The plans and specifications for the Tenant Improvements. As Improvements (the "Plans") have been prepared under the direction of Vitae (the "Architect") and have been approved by Landlord and Tenant and made a part hereof as Exhibit C. Landlord shall contribute toward the cost of the Tenant Improvements the lesser of (i) the actual cost of the Tenant Improvements, or (ii) One Hundred Seventy Four Thousand Six Hundred Twelve Dollars ($174,612.00). To the extent the cost of the Tenant Improvements exceeds $174,612.00, pursuant to the preceding sentences, Tenant shall install an electrical submeter reimburse Landlord such excess within fifteen (15) days following invoicing by Landlord to Tenant for the 1060 Space to serve portion of the 1060 Space. The Tenant Improvements will be constructed work in excess of $174,612.00 completed in accordance with detailed plans and specifications therefor invoices paid by Landlord for such work; provided that if the excess is estimated to be prepared by a reputable licensed architect, under Tenant’s direction, which architect exceed the amount of Twenty Five Thousand Dollars ($25,000.00). Tenant shall be approved by Landlord. pay such amount to Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect prior to the Tenant Improvementscommencement of construction with a final reconciliation being made within fifteen (15) days following the completion of construction. Immediately following approval of the plans and specificationsPlans, Tenant Landlord shall apply for all requisite building permits and approvals for construction of the Tenant ImprovementsImprovements in accordance with the Plans. The contractor selected to perform the Tenant Improvements is X. X. Xxxxxx (the "Contractor"). Promptly following issuance of building permits permits, or on such earlier date permitted under law (if requirede.g., demolition work), Tenant Landlord shall cause the Contractor to commence construction of the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted prosecute the same to completion in a good and workmanlike manner in accordance with the approved plans Plans and specificationsin accordance with applicable laws, including the Americans with Disabilities Act ("ADA"). Tenant Neither party shall have the right to make changes require extra work or change orders with respect to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right to monitor the construction of the Tenant Improvements without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. All change orders shall specify any change in the cost as a consequence of the change order. The commencement of Tenant's obligation to pay rent pursuant to the terms of this Lease shall not be delayed as a result of extra work or a change order requested by Tenant. As used in this Section 3.1., the cost of providing the Tenant Improvements shall include all soft costs, including without limitation, architect's fees, fees for conformance with permits, consulting engineer fees, contractor fees, inspection fees, fees for testing services and fees for processing and completing changes to the plans and specificationsPlans, in addition to actual hard costs of construction. Any deviations from the plans and specifications reported by Landlord to Tenant agrees that it shall be corrected promptly. Tenant agrees to hold, not charge any supervision fee or cause the General Contractor to hold, on-site weekly registration fee for Landlord's or its construction meetings at a manager's time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of spent in supervising or monitoring the progress construction of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progress. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, the cost of the Tenant Improvements shall not include and Landlord shall be solely responsible for (and Tenant shall have no responsibility for, and the Tenant Improvement allowance described above shall not be used towards) the following: (a) costs attributable to improvements installed outside the demising walls of the demised premises unless such are part of the Tenant Improvements; (b) costs for improvements which are not shown on or described in the Plans unless otherwise approved by Tenant; (c) costs incurred to remove hazardous materials or substances from the demised premises or the surrounding area; (d) interest and other costs of financing construction costs; (e) costs recoverable by Landlord upon account of warranties and insurance; (f) the premium for Landlord's builder's risk insurance; (g) restoration costs in excess of insurance proceeds as a consequence of casualties, provided that the deductible (not to exceed $10,000.00) applicable to any casualty shall be included as part of the Tenant Improvements; and (h) wages, labor and overhead for overtime and premium time (unless approved by Tenant). Notwithstanding anything in this Lease to the contrary, Landlord shall (at its cost) be responsible for improvement work required to be performed in or on the exterior of the building, the Common Areas, the Parking Facilities, the structural portions of the building or portions of the building outside of the demised premises (i) to satisfy requirements of the Americans with Disabilities Act ("ADA") and (ii) to satisfy requirements of applicable laws, rules, codes and regulations applicable to such areas generally because of construction work being performed in the building (and not specifically in connection with or required as part of the Tenant Improvements due to the particular nature thereof); and Tenant (at its cost or as part of the Tenant Improvement allowance) shall be responsible for the cost of improvement work (i) in the interior of the demised premises required to be performed in connection with the Tenant Improvements to satisfy requirements of applicable laws, rules, codes and regulations (including the ADA), and (ii) in or on the exterior of the building, the Common Areas, the Parking Facilities, the structural portions of the building or portions of the building outside the demised premises, to satisfy requirements of applicable laws, rules, codes and regulations triggered specifically in connection with, or required as part of, the Tenant Improvements due to the particular nature thereof. Notwithstanding anything in this Lease to the contrary, Landlord shall (at its cost) replace the 20-ton air conditioning unit No. 5 ("A/C #5 Unit") serving the first floor of the building and, in the event Tenant exercises its option to lease the expansion space as provided in Section 19.21, the 15-ton air conditioning unit No. 6 ("A/C #6 Unit") serving the second floor of the building. Landlord shall use reasonable business efforts to replace the A/C #5 Unit prior to the Commencement Date and, if Tenant exercises its option to lease the expansion space, the A/C #6 Unit prior to delivery of possession of the expansion space to Tenant with the Tenant Improvements completed (in both instances, subject to Unavoidable Delays). Notwithstanding anything in this Lease to the contrary, no delay in the completion of the replacement of the A/C #5 Unit (or the A/C #6 Unit, if at all) shall delay the commencement of rent as to the demised premises or the expansion space, as the case may be. If Landlord does not replace the A/C #5 Unit prior to the Commencement Date or the A/C #6 Unit (if at all) prior to delivery of possession of the expansion space to Tenant with the Tenant Improvements completed, then Landlord shall replace such Unit(s) at a time which will cause the least amount of disruption to Tenant's business in the demised premises (i.e., on the weekend or before 8:00 am or after 6:00 pm). Except for the work described in this Section 3.1., and except as provided in Section 11.5 below, Tenant, upon substantial completion of such work as reasonably certified by the Architect, shall accept the demised premises in an "as is" condition subject to the punch list items described in the following sentence. Tenant shall, during within thirty (30) days of certification by Landlord and Landlord's Contractor that the course Tenant Improvements are substantially complete, notify Landlord and Contractor of any items of work that are defective or incomplete. Landlord shall thereafter diligently pursue on Tenant’s work, including 's behalf the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount correction or completion of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot filessaid items. Section 3.3. Except for any obligations of Landlord as expressly set forth in this Lease, any additional work to be performed during the demised term hereof shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must be approved, in writing, by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) before work is commenced and otherwise pursuant to the provisions of Section 3.2 above.

Landlord’s Work - Tenant’s Work. Section 3.1Within thirty (30) days from the Effective Date hereof, Tenant shall submit its Plans for Tenant's Work to Landlord for approval. Except If Landlord notifies Tenant that changes to Tenant's Plans are necessary for Landlord to approve the Plans, Tenant shall submit revised Plans to Landlord Renovation Work and except as otherwise expressly set forth in this Leasewithin five (5) business following receipt of such notice. Once Landlord has approved the Plans, Tenant shall submit sealed drawings to Springfield Township for approval thereof within five (5) business following Landlord's approval. Upon receipt of a building permit from Springfield Township, Landlord shall not complete construction of its required improvements (the "Landlord's Work") in substantial compliance with the "Landlord's Work Letter" at Exhibit C-1 attached hereto, with such minor variations as Landlord in its reasonable discretion may deem advisable. Landlord's Work shall be required done in a first class, professional and workmanlike manner. When Landlord certifies in writing to Tenant that Landlord has completed that portion of Landlord's Work such that the Premises is ready for commencement of Tenant's Work ("Tenant's Work Notice"), Tenant agrees to accept possession thereof and to proceed with due diligence to perform any other work Tenant's Work as described in the Premises; and except for "Tenant Criteria Manual" in Exhibit C-2. Tenant shall complete Tenant's Work within one hundred twenty (120) days (the Landlord Renovation "Fixturization Period") following receipt of Tenant's Work and except for Landlord’s delivery obligations expressly set forth Notice. In the event that Tenant fails to meet any of the timeframes identified in Section 1.2 above, Tenant accepts the Premises in an “as is” condition. this Section 3.2, Landlord may reduce Tenant's Fixturization Period by one (1) day for every day of delay by Tenant in meeting such timeframes. Tenant, at Tenant’s sole cost, shall provide certain interior improvements (“If Tenant Improvements”) is unsuccessful in procuring the Premises in accordance with the 1020 and 1060 preliminary plans and specifications set forth in the attached Exhibit “C-2” (the 1020 and 1060 preliminary plans, as approved as noted by Landlord, shall collectively be referred to herein as the “Preliminary Plans”), which Preliminary Plans shall be replaced by detailed plans and specifications therefor which must show improvements which are substantially the same as those shown on the Preliminary Plans and which must be approved, in writing, by Landlord before work is commenced and which detailed plans and specifications, once approved, shall become Exhibit “C” hereto. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s plans and specifications for the Tenant Improvements. As part of the Tenant Improvements, Tenant shall install an electrical submeter to the 1060 Space to serve the 1060 Space. The Tenant Improvements will be constructed in accordance with detailed plans and specifications therefor to be prepared by a reputable licensed architect, under Tenant’s direction, which architect shall be approved by Landlord. Landlord shall not unreasonably withhold, condition or delay approval of Tenant’s architect and Landlord hereby approves of Xxxxxx Xxxxxx of CAC Architects, 000 Xxxxxxx Xxxxxx, Suite 1, San Francisco, CA 94107, as Tenant’s architect with respect to the Tenant Improvements. Immediately following approval of the plans and specifications, Tenant shall apply for all requisite building permits and approvals for construction of the Tenant Improvements. Promptly following issuance of building permits (if required)Premises, Tenant shall cause the Tenant Improvements to be constructed by a reputable general contractor licensed to do business in the State of California which contractor shall be reasonably approved by Landlord (the “General Contractor”) and diligently prosecuted to completion in a good and workmanlike manner in accordance with the approved plans and specifications. Tenant shall have the right to make changes to the plans and specifications from time to time provided such changes are approved in advance in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves each of the following general contractors as an approved General Contractor for the Tenant Improvements: (1) Cody/Xxxxx Commercial Builders 0000 Xxxxxx Xxx, Suite D San Carlos, CA 94070; and (2) MAI Constructions, 00 Xxxxxxxxxxx Xxxxx, San Jose, CA 95134. Landlord shall have the right right, to monitor pursue the construction of the Tenant Improvements for conformance with the plans and specifications. Any deviations from the plans and specifications reported by Landlord to Tenant shall be corrected promptly. Tenant agrees to hold, or cause the General Contractor to hold, on-site weekly construction meetings at a time made known to Landlord’s representative who shall have the right to attend such meetings for the purpose of monitoring the progress of the construction. Landlord’s representative shall also have access to the Premises at all times during construction for the purpose of inspecting the work in progresssame on Tenant's behalf. In connection with any Tenant’s work in the Premises, including the Tenant Improvements, Tenant and its General Contractor agree to comply with the provisions of the Insurance Requirements, attached hereto as Exhibit “D” and made a part hereof. In addition, Tenant shall, during the course event of any Tenant’s work, including the Tenant Improvements, obtain and maintain, at its expense, builders’ risk insurance for the amount of the completed value thereof on all-risk form insuring the interests of Tenant, Landlord, and any contractors and subcontractors. Within ten (10) days following Tenant’s completion thereof, Tenant shall furnish Landlord with a complete set of the final “For Construction” plans therefor in AutoCAD format, including all x-refs, fonts and plot files. Section 3.3. Except for any obligations of Landlord dispute as expressly set forth in this Lease, any additional to work performed or required to be performed during by Landlord or Tenant pursuant to Exhibit C-2, the demised term hereof certificate of Landlords architect or engineer shall be performed at the sole cost of Tenant in accordance with detailed plans and specifications therefor which must conclusive. Any claim regarding delays by either party shall be approved, in writing, raised by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) before work is commenced and otherwise pursuant written notice to the provisions of Section 3.2 aboveother party.