Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. In relation to the construction of improvements and alterations at the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time).

Landlord’s Work. In relation Landlord shall complete the Shell Improvements and Site Improvements as further set forth in the Lease and in Exhibit E attached to the construction of improvements Lease. Landlord shall also construct, in conjunction with the Shell Improvements and alterations at the Premises prior to Tenant’s occupancy thereofoption upon written notice from Tenant to Landlord, the “those certain improvements described on Exhibit E-1.Tenant shall notify Landlord as to whether it desires any or all of such improvements on Exhibit E-1 within five (5) business days after receipt of written request from Landlord. Such improvements are not part of Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of constructed at Tenant’s furnishings expense. Tenant must timely respond, within five (5) business days, to requests for information related to Exhibit E-1. To the extent Tenant’s election to have Landlord construct all or equipment As part of the any improvements described in Exhibit E-1 cause a delay in Landlord’s Work, prior then such delays shall be considered a Tenant Delay. Tenant may apply the Construction Allowance to Tenant’s occupancy of all costs incurred in constructing the Premisesimprovements set forth on Exhibit E-1. Except as set forth in the Lease, Exhibit E, Exhibit E-1, and herein, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system shall have no other obligations to construct any improvements to the Premises or Project. Tenant shall be responsible for the Premises, (b) remove all existing telephone and data cabling, and (c) demise Tenant Improvements within the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, The Shell Improvements and Site Improvements shall be constructed in a good and workmanlike manner and in accordance with all Applicable Laws. Landlord shall, at Landlord’s cost and expense, perform alterations to the island located shall be responsible for remedying any latent defects in the portion of Shell Improvements or Site Improvements following notification from Tenant received in writing within one year following the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Project Completion Milestone Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time).

Landlord’s Work. In relation to the construction of improvements and alterations at the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and As partial consideration for this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant Landlord agrees to provide and pay for tenant improvements to the Premises up to the total sum of TWO HUNDRED THOUSAND AND NO/HUNDREDTHS DOLLARS (collectively$200,000.00) ("Landlord's Work") pursuant to plans and specifications mutually agreed upon between Landlord and Tenant. In the event Landlord's Work costs in excess of $200,000, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premisesbut less than $250,000, Landlord shall, at Landlord’s agrees to amortize the additional cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of rent over the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes five (5)-year term of this Lease, together with interest at 10% per annum on the “unpaid balance (Landlord would prefer that Tenant Improvements” shall meanpay this excess in cash at the time of construction). To the extent Landlord's Work costs in excess of $250,000, collectivelyTenant agrees to pay such additional costs in cash prior to the commencement of construction. In the event Landlord's Work costs less than $200,000, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure rent shall be deemed reduced pursuant to include the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new HVAC system serving the Premises as of the Commencement Datemonthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not any supplemental be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's improvements; provided, however, the following items shall be completed by Landlord, and the cost thereof shall be excluded: demolition, code compliance (e.g., ADA, general fire safety), new entrance in the front of the building, entrance in the rear freight lobby, convert loading dock doors to windows, landscape the atrium and installation of HVAC unit that may serve system to (but not within) the Premises Premises. Landlord and Tenant shall diligently pursue the preparation of all plans and specifications for all improvements to the Premises, whether Landlord's Work or Tenant's Work. All such plans and specifications shall have the approval of both Landlord and Tenant, which approval shall not be installed unreasonably withheld by Landlord or Tenant either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to exclusively serve the Premises or any portion thereof from time enable Landlord's architect to time).prepare complete plans and specifications for Landlord's Work. Such plans and specifications and a cost estimate for Landlord's

Landlord’s Work. In relation (A) Subject to Section 6.3 hereof, Landlord shall perform, at Landlord’s expense, the work (such work being collectively referred to herein as “Landlord’s Work”) to construct the Premises as described on the plans and specifications based on the Initial Plans, as and to the construction of improvements extent approved by Landlord subject to and alterations at the Premises prior to Tenant’s occupancy thereof, in accordance with Article 3 hereof (the “Landlord’s Work” shall be that work set form Work Plans”) prepared by Tenant, at Tenant’s expense, which are based on the concept plan Initial Plans to the extent approved by Landlord subject to the provisions of Article 3 hereof. On or before December 15, 2006, Tenant shall prepare, at Tenant’s expense, and narrative attached as Schedule I hereto provide Landlord with six (together, 6) copies of the “Scope of Work”), which Landlord shall construct at plans and specifications for Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B Work (the “Work LetterInitial Plans”) (including, without limitation, layout, architectural, mechanical and this Leasestructural drawings, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant to the extent applicable) in CADD format that contain sufficient detail for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors Landlord and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior consultants to Tenant’s occupancy of reasonably assess the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the proposed Landlord’s Work and which are based on the Preliminary Drawing No. SP-1, dated November 7, 2006, prepared by Spin Design, Inc., a copy of which is attached hereto as Exhibit “6.2”. Nothing contained herein shall obligate Landlord to install furniture systems, furniture, telecommunications wiring or computer systems even if the same are shown on the Initial Plans or Landlord’s Work Plans. Notwithstanding anything contained herein to the contrary, in the event that Substantial Completion shall be delayed by reason of (i) failure by Tenant to deliver the Initial Plans to Landlord on or before December 15, 2006, (ii) Tenant’s Tel/Data delay in revising or supplying additional information with respect to the Initial Plans if requested by Landlord, (iii) any acts or omissions of Tenant including, without limitation, the Early Access, any changes or change orders to the Initial Plans or Landlord’s Work Plans, (iv) Unavoidable Delays, (v) items of Landlord’s Work that are Long Lead Work, (vi) any failure of Tenant to make payment due under this Article 6 (with the exception understanding that Landlord shall not be obligated to perform items of any aspects thereof Landlord’s Work to the extent Tenant fails to timely pay therefor as required hereunder, (vii) Landlord’s Work requiring materials that constitute a part are not Building standard or require finishes or fitting in excess of Building standard and (viii) Tenant’s failure to respond to review the bids referred to in Section 6.3 hereof following receipt (the aggregate period of the Building Structure delays referred to in clauses (which Building Structure i) through (viii) above being referred to herein as “Tenant Delays”), then the Commencement Date and Substantial Completion of Landlord’s Work shall be deemed to include have occurred on the new HVAC system serving the Premises as date it would have but for Tenant Delays. Landlord’s Work shall be performed and completed in a good and workmanlike, in accordance with all applicable Requirements. Landlord shall notify Tenant (which notice may be oral) if any items of the Commencement Date, but not Landlord’s Work are Long Lead Work. Landlord shall transfer to Tenant any supplemental HVAC unit that may serve the Premises or be installed warranties received by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)in connection with Landlord’s Work provided that such transfer shall not void such warranties.

Landlord’s Work. Landlord shall at Landlord's sole cost and expense (and not to be included in Operating Expenses, as a capital expenditure or otherwise), utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the construction or installation of Building standard demising walls separating the Remaining Premises from the remainder of the floor in which the Remaining Premises are located and perform all other work required to separate the Remaining Premises from the remainder of the floor in which the Remaining Premises is located, as shown on the demising plan attached as Schedule 1 to this Tenant Work Letter, which work shall include any work needed to maintain or bring the common areas into compliance with Applicable Laws and Code to the extent necessary for Tenant to obtain or maintain a certificate of occupancy and which work shall not include the capping of process utilities, including DI water, CDA, and vacuum (which work shall be performed by Tenant as part of the Tenant Improvements if Tenant desires to cap such process utilities), (ii) replace or overlay the roof of the 225 Building (with a Building standard roof or roof overlay per Landlord's roof specification plan), and (iii) replace any Building systems serving the 201 Building or the 225 Building which are reasonably determined by Landlord to be at the end of their useful life prior to December 31, 2018 (collectively, the "Landlord's Work"). In relation to connection with the foregoing, Tenant acknowledges the Landlord's Work set forth in items (ii) and (iii) above shall be performed at any time on or before December 31, 2018. Tenant hereby acknowledges that Landlord may perform all or portions of such Landlord's Work concurrently with the construction of improvements the Tenant Improvements by Tenant, and alterations at Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the Premises prior work being performed by each party may be completed without material interference with the completion of the work being completed by the other party and without increase in cost to Tenant’s occupancy thereof, the “Landlord’s Work” other party. Tenant hereby acknowledges that Landlord shall be that work set form on permitted to perform the concept plan and narrative attached as Schedule I hereto (together, Landlord's Work during Tenant's occupancy of the “Scope Remaining Premises. Notwithstanding such occupancy of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Remaining Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for during the performance of the Landlord's Work, Landlord shall be permitted to perform the Landlord's Work during normal business hours, and Tenant shall provide a clear working area for such work, if necessary (including, but not limited to, the moving of furniture, fixtures and Tenant’s Tel/Data Work and property away from the area in which Landlord is performing the Landlord's Work). Further, Tenant shall be entirely responsible for the costs incurred cooperate with all reasonable Landlord requests made in connection therewith and with or related to Landlord's completion of the Landlord's Work. Tenant hereby agrees that the performance of the Landlord's Work in the Remaining Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Except to the extent arising from Landlord's negligence or willful misconduct, Landlord shall have no responsibility or for all costs any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord's Work, nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Remaining Premises or of Tenant’s furnishings personal property or equipment As part of improvements resulting from the Landlord's Work or Landlord’s actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work, prior or for any inconvenience or annoyance occasioned by the Landlord's Work or Landlord's actions (or the actions of Landlord's contractors, employees and/or agents) in connection with the Landlord's Work. Landlord shall use commercially reasonable efforts to perform the Landlord's Work in a manner designed to minimize interference with Tenant’s occupancy of normal business operations in the Remaining Premises, Landlord shalland in connection therewith, at Landlord’s cost construction activities that are reasonably anticipated to be disruptive to Tenant are to be conducted after normal business hours. Such activities to be performed after normal business hours include, but are not limited to: shooting drywall screwing, hammering, loud cutting, sanding, welding and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cablingsoldering, and Landlord shall coordinate and schedule with Tenant at least forty-eight (c48) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations hours in advance for any work that requires a power shut down to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)Remaining Premises.

Landlord’s Work. In relation 17. For that portion of the Premises on the first floor, the Landlord, at the Landlord’s sole cost, will be responsible for the removal of the walls and kitchenette identified in blue on the plan dated April 29, 2016 and prepared by Parallel 45 Design Group Ltd. attached to the construction Lease as Schedule B1. Removal will include patching and repairing those areas where the walls were disconnected from adjoining walls. For that portion of improvements and alterations the Premises on the second floor the Landlord, at the Premises prior Landlord’s sole cost, will remove the existing door and install drywall ready to accept the Tenant’s occupancy thereof, finishing in the “Landlord’s Work” shall be that work set form location shown in orange on the concept floor plan and narrative attached to the Lease as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for B1. All other work within the Premises (collectively, “the Tenant’s Tel/Data Work”)Fit-up) shall, subject to the prior written approval of the Landlord, be the responsibility of the Tenant. Tenant shall contract with its vendors In order to approve the Tenant’s Fit-up the Landlord will require the final plans, specifications and contractors directly for costs all of which must be to the performance Landlord’s satisfaction. At the time of the Landlord’s review of the Tenant’s Tel/Data Work final plans and shall specifications the Landlord will be entirely responsible for prepared to indicate, in writing, which, if any, of the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part Fit-up will not be subject to the surrender and restoration provisions of the Lease, as detailed in paragraph 19 herein and elsewhere where applicable. No work under the Tenant’s Fit-up can commence without the prior written approval of the Landlord’s Work, prior to . Upon completion of the Tenant’s Fit-up, the issuance of an occupancy permit by the Buildings Branch of the City of Ottawa, the expiry of all lien periods, written confirmation from the Tenant that all trades and suppliers having worked on or supplied material for the Tenant’s fit-up have been paid in full and the Tenant is in occupancy of the Premises, Premises the Landlord shall, at Landlord’s cost and expense, will provide the Tenant with a payment of $190,740.00 plus HST (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall meanInducement”), collectivelyless the amount setoff against the security deposit (as set out in s 3(d)), all aspects regardless of the Landlord’s Work and actual cost of the Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)Fit-up.

Landlord’s Work. In relation Landlord, through its independent designated contractor, shall install in the New Premises those initial improvements specified in the Approved Space Plan and Final Construction Drawings including any work required to the construction of comply with any and all building codes and regulations governing such improvements and alterations at the Premises prior to Tenant’s occupancy thereof(collectively with any subsequent modifications or additions, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which . Landlord shall construct obtain competitive bids, solicited from at least three (3) general contractors to perform Landlord’s cost work and expense in accordance with Landlord shall select the terms and provisions of this Exhibit B general contractor (the “Work LetterGeneral Contractor”) and this Lease, but which perform Landlord’s Work based on such competitive bids. Landlord shall not include furnishingsbe obligated to provide any improvements, equipment or and the New Premises shall be delivered containing no property of any data/telecommunications cablingkind, wiring or systems required by other than Landlord’s Work. Tenant shall pay all costs and expenses (including a construction management fee in the amount of five percent (5%) of the total cost of the initial buildout), incurred in connection with Landlord’s Work to the extent such costs and expenses exceed an allowance (the “Allowance”) equal to One Hundred Dollars ($100.00) per square foot of the New Premises towards Landlord’s Work for the Premises a maximum Allowance of One Million One Hundred Ninety Thousand Dollars (collectively, “Tenant’s Tel/Data Work”$1,190,000.00). Tenant shall contract with its vendors pay fifty percent (50%) of Landlord’s reasonable estimate of those costs and contractors directly for expenses (if any) which exceed the performance Allowance on or before the tenth (10th) day after the date Landlord gives Tenant notice of Landlord’s contractor’s estimate of such expenses. Tenant shall pay the remainder of such estimate within ten (10) days after Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs receipt of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area notice stating that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall pay the remainder of the actual costs and expenses in excess of the Allowance when Landlord’s Work is substantially complete and Tenant receives a xxxx therefor along with reasonably satisfactory backup documentation evidencing such costs and expenses. Tenant shall pay such xxxx, if any, within thirty (30) days after Tenant’s Tel/Data Work with receipt thereof and such backup information. All amounts payable pursuant to this Exhibit by Tenant shall be considered additional rent and are subject to the exception of any aspects thereof that constitute a part provisions of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)Lease.

Landlord’s Work. In relation to the construction of improvements and alterations at the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expenseits own cost, shall (a) provide a new make available to Tenant at the core of each floor on which the Premises are located (including the Expansion Space and any First Offer Space) electrical capacity equal to 7.0 xxxxx per usable square foot, demand load, in addition to any xxxxx needed to operate any base Building equipment and HVAC system for equipment servicing the Premises, (b) remove modify the sub-metering on the 21st Floor and the 27th Floor to provide a single central meter to allow Tenant to feed all existing telephone and data cablingpanels on each floor, and (c) demise provide Tenant a pathway, which shall be reasonably contiguous with minimal offsets, within the Premises. In additionBuilding core for two (2) four (4) inch openings and associated pull boxes from Tenant’s existing data center within the Building to each Expansion Space floor and allow Tenant or a contractor hired by Tenant to install conduits and cabling, as part provided that Landlord may require Tenant to submit for Landlord’s approval (which shall not be unreasonably withheld) construction drawings detailing Tenant’s conduit and cabling work and Landlord, at its own cost, may monitor such work, (d) provide ten (10) tons of supplemental condenser water per year for cooling with 2.5-inch valved take offs at each floor of the Landlord’s WorkPremises [including Expansion Space and any First Offer Space] to be available twenty-four (24) hours a day, every day of the year (subject to shutdowns for emergency repairs or, after providing notice to Tenant, other repairs or maintenance), provided that Tenant shall be responsible for all other costs associated with supplementary cooling, including but not limited to the costs of additional condenser water and installation, repair, maintenance, replacement and operation of such supplementary cooling. Landlord shall complete its work not less than 30 days prior to the applicable Expansion Space Commencement Date and may perform the foregoing work while Tenant is constructing improvements in accordance with Section 52.A(vii) of this Amendment, provided that Landlord shall not unreasonably interfere with Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)work.

Landlord’s Work. In relation to Promptly following the construction execution of improvements and alterations this Lease, the Landlord, at the Premises prior to TenantLandlord’s occupancy thereofexpense, shall perform the work described in Exhibit G attached hereto (“Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant The Landlord shall contract with its vendors obtain all necessary permits and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred other governmental approvals in connection therewith and for all costs of Tenantwith the Landlord’s furnishings or equipment As part Work prior to commencement of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes Promptly after execution of this Lease, the “Tenant Improvements” Landlord shall mean, collectively, all aspects of commence and complete the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of on or before the Commencement Date, but not any supplemental HVAC unit subject to External Causes. Landlord’s Work may vary from the requirements of Exhibit G if the variance is (i) necessary or advisable due to (A) the job conditions or good construction practices, (B) the building permits for such work, or (C) applicable legal requirements, (ii) non-substantial or (iii) of greater utility or value than that may serve which it replaces; All of Landlord’s Work shall be performed by the general contractor selected by the Landlord in its sole discretion. Landlord will provide turnkey construction consistent with Exhibit G, and Landlord will pay the costs of labor and materials incurred in connection with the performance of the construction of the Premises or described in Exhibit G, including the costs of permits and insurance as well as architectural and engineering services rendered in the preparation and design of construction drawings and specifications. The space planning design, construction drawings and specifications will be installed provided by Landlord at no cost to Tenant. Tenant may inspect Landlord’s Work at reasonable times and will promptly give notice of observed defects in materials or Tenant to exclusively serve workmanship. Landlord will promptly correct such defects. The Premises shall be deemed ready for occupancy on the Premises or any portion thereof from time to time).earlier of:

Landlord’s Work. In relation Landlord, at its sole cost and expense, shall construct (i) the Building of the Project in which the Premises will be located as generally described on Exhibit “D-1” attached hereto (sometimes referred to as the “Base Building Improvements”), and (ii) V A V tenant boxes installed and operational on each floor with perimeter fan-powered boxes installed and operational along with perimeter slot diffusers and related ductwork. The foregoing work to be constructed by Landlord is collectively referred to as “Landlord’s Work.” Landlord’s Work shall be completed by Landlord in a good and workmanlike manner and in accordance with all applicable laws and regulations (including all handicap accessibility laws) in all material respects. It is estimated that Landlord will achieve substantial completion of Landlord’s Work on or before July 16, 2006 subject to extension for, among other things, items of force mejeure (the “Estimated Completion Date”). To the extent that the design in such construction of the Landlord’s Work must be changed or added to in order to accommodate the special needs of Tenant in the Premises, such changes or additions will be considered part of the Tenant’s Work and any increased cost shall be paid for by Tenant in accordance with this Leasehold Improvements Agreement. The Landlord’s Work will not include any of the Tenant’s Work (as defined herein) and, without limiting the generality of the foregoing, the Landlord’s Work will exclude the following: (a) Tenant’s ceiling and lighting; (b) floor finish in the Premises; (c) interior finishes of any kind in the Premises; (d) interior partitions, doors, and hardware within the Premises; (e) Tenant’s furnishing, fixtures and equipment; (f) plumbing fixtures within the Premises; (g) distribution of plumbing and electrical services; and (h) any and all signs for the Tenant and the power therefore; (i) electrical panel distribution wiring and fixtures throughout the Premises. Except for Landlord’s agreement to provide the Landlord’s Work, and copies of the shell building drawings and any changes thereto during construction that may affect Tenant’s plans and specifications, Landlord has made no warranties or representations as to the condition of the Premises of any kind or nature, express, implied, or otherwise of any covenants of any kind or nature in connection with the condition of the Premises, and Landlord has made no commitments to remodel, repair, re-decorate, or improve the Premises. Tenant acknowledges and agrees that Tenant has taken the Premised, including, but not limited to, all mechanical and electrical improvements therein or thereto in an “AS IS” condition and will be responsible for all finish-out work which may be necessary in connection with such Premises, other than the Landlord’s Work. Landlord will notify Tenant from time to time of any extensions to the Estimated Completion Date but will diligently pursue completion of Landlord’s Work. Landlord will tender possession of the Premises to Tenant and Tenant will accept tender of possession of the Premises when Landlord’s contractor for Landlord’s Work has secured an “above the ceiling inspection” on the first floor of the Building by the City of Austin that such inspectors determines to be acceptable and Landlord gives Tenant notice of such satisfactory inspection (“Tender of the Premises”). The “above ceiling inspection” is the standard City of Austin inspection consisting generally of electrical, plumbing and mechanical above ceiling rough in inspection and above ceiling Fire Department visual and flow inspection of the sprinkler system. Landlord anticipates that Tender of the Premises will occur by approximately June 1, 2006 by written notice from Landlord to Tenant which will allow for Tenant to cause the commencement of construction of improvements the Tenant’s Work. If the “above ceiling inspection” reveals certain remaining items to be completed or corrected that are within the scope of that inspection, Landlord and alterations at Tenant may nevertheless, by mutual agreement, agree to Tender of the Premises prior to Tenant’s occupancy thereof, the final “above the ceiling inspection.” Landlord will be deemed to have achieved substantial completion of Landlord’s Work” shall be that work set form on Work upon the concept plan and narrative attached as Schedule I hereto latter of (together, i) the “Scope issuance of Work”), which Landlord shall construct at a certificate of substantial completion of Landlord’s cost Work by Landlord’s architect, and expense in accordance with (ii) the terms and provisions issuance of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant a temporary certificate of occupancy for the Premises shell building by the City of Austin (collectively, “Tenant’s Tel/Data Work”sometimes referred to as a shell certificate of occupancy). Landlord will notify Tenant shall contract in writing (along with its vendors a copy of such certificate of substantial completion and contractors directly for the performance such certificate of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs occupancy) within forty-eight (48) hours of Tenant’s furnishings or equipment As part when Landlord achieves substantial completion of the Landlord’s Work. The foregoing notwithstanding, it is understood and agreed that Tender of the Premises will occur prior to Tenant’s occupancy Landlord achieving substantial completion of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time).

Landlord’s Work. In relation to the construction of improvements and alterations at Landlord, through its independent designated contractor, shall install in the Premises prior to Tenant’s occupancy thereofthose initial improvements specified in the Approved Space Plan and Final Construction Drawings (collectively with any subsequent modifications or additions, the “Landlord’s Work” ”). Landlord shall not be obligated to provide any improvements, and the Premises shall be that work set form on delivered containing no property of any kind, other than Landlord’s Work. Tenant shall pay all costs and expenses (including a construction management fee in the concept plan and narrative attached as Schedule I hereto amount of three percent (together, 3%) of the “Scope total cost of Work”the initial buildout), which Landlord shall construct at Landlord’s cost and expense all fees and charges for utilities during the initial buildout) incurred in accordance connection with the terms Leasehold Improvements to the extent such costs and provisions of this Exhibit B expenses exceed an allowance (the “Work LetterInitial Allowance”) equal to the product of (a) thirty-six and this Lease00/100 dollars ($36.00), but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required multiplied by Tenant for (b) the Premises (collectively, “Tenant’s Tel/Data Work”)number of square feet of rentable area in the Premises. Tenant shall contract with its vendors and contractors directly not receive any credit, cash or otherwise, for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the any unused portion of the parking area Allowance. Notwithstanding the foregoing, in the event that serves the loading docks that serve cost of the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects completion of the Landlord’s Work and of the Premises exceeds the Initial Allowance, Landlord, at Tenant’s Tel/Data Work written request, shall contribute an additional allowance (the “Additional Allowance”) equal to the product of (a) ten and 00/100 dollars ($10.00), multiplied by (b) the number of square feet of rentable area in the Premises. The full amount of the Additional Allowance will be amortized over the Lease Term, at an interest rate of nine percent (9%) per annum, and shall be payable, as Additional Rent, along with Tenant’s monthly installments of Base Rent, in accordance with the exception provisions of any aspects thereof that constitute a part Article IV. The Initial Allowance and Additional Allowance are collectively referred to as the “Allowance.” Tenant shall pay fifty percent (50%) of Landlord’s reasonable estimate of those costs and expenses (if any) which exceed the Allowance on or before the later to occur of (i) the earlier to occur of (A) the date the preliminary space plan is prepared and delivered to Tenant, or (B) the date of Tenant’s execution of the Building Structure Lease, or (which Building Structure ii) the tenth (10th) day after the date Landlord gives Tenant notice of Landlord’s estimate of such expenses. Tenant shall pay twenty-five percent (25%)/the remainder of of such estimate within ten (10) days after Tenant’s receipt of a notice stating that Landlord’s Work are fifty percent (50%) complete, as reasonably determined by Landlord. Tenant shall pay for all such costs and expenses (minus any estimated payments made as aforesaid) when Landlord’s Work are substantially complete and Tenant receives a xxxx therefor. Tenant shall pay such xxxx, if any, no later than the earlier of the Lease Commencement Date or ten (10) days after Tenant’s receipt thereof. All amounts payable pursuant to this Exhibit by Tenant shall be deemed considered additional rent and are subject to include the new HVAC system serving the Premises as provisions of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)Lease.

Landlord’s Work. In relation to the construction of improvements and alterations at in the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set form forth on the Tenant’s Plans (as hereinafter defined) which shall be based on the concept plan and narrative attached as Schedule I hereto (togetherplans to be provided by Tenant to Landlord on or before January 31, the “Scope of Work”), which 2014. Landlord shall construct at Landlord’s sole cost and expense up to an amount not to exceed the Allowance in accordance with the terms and provisions of this Exhibit B (and the “Work Letter”) and this Lease, but which shall not include furnishings, equipment furnishings or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Subject to the terms and conditions of this Exhibit B, Tenant shall contract with its vendors and contractors (collectively, “Tenant’s Tel/Data Contractors”) directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs and expenses incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of furnishings. In addition to the Landlord’s Work, prior to Tenant’s occupancy of the Pre-Expansion Premises, Landlord shall, shall (a) at Landlord’s cost and expense, subject to the Entrance Work Allowance (a) provide a new HVAC system for as hereinafter defined), perform certain work relating to the Premisesentrance areas at the 20 Xxxxxx Building based on the concept plans attached hereto as Schedule I hereto (the “Entrance Work”), and (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s sole cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Leasework set forth on Schedule II hereto (collectively, the “Tenant ImprovementsBase Building Work” shall mean, collectively, all aspects of and together with the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of Entrance Work, collectively, the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time“Work”).

Landlord’s Work. In relation Landlord, at its sole cost and expense, shall perform or cause to be performed the "Landlord's Work," defined herein to mean demolition of the Existing Building and construction of improvements two (2) concrete tilt-up building shells substantially in accordance with final plans and alterations at specifications to be submitted to and approved by the Premises prior Tenant pursuant to Tenant’s occupancy thereofSection 1(b) below and by the City (once so approved, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”"Final Shell Plans"), which building shells shall contain only the items listed on Exhibit B-2 or shown on the Final Shell Plans (the "Building Shells"). Landlord's Work shall upon completion be in compliance with all then-applicable Laws and Private Restrictions (except to the extent noncompliance is the result of Tenant- requested changes in the Preliminary or Final Shell Plans). Landlord's Work shall be performed using a general contractor selected by Landlord from the contractors listed Exhibit B-1; provided that Landlord may use contractors other than those on Exhibit B-1 subject to Tenant's approval, which approval shall not be unreasonably withheld or delayed. Landlord shall construct cause WHL Architects ("Architect") to prepare initial plans for construction of the Building Shells based on the shell specifications attached as Exhibit B-2 and the site plans attached as Exhibit B-3 (the "Preliminary Shell Plans"). The Preliminary Shell Plans shall provide for accommodation of Tenant's sewer line in the Buildings' slabs and may incorporate either of the site plans attached at Exhibit B-3 or be a combination thereof, as reasonably approved by Landlord and Tenant as set forth below, provided that in no event shall the design of the Project provide for a lobby larger than 6,000 square feet or for a number of parking spaces less than 3 spaces per 1,000 (in Landlord’s 's discretion, provided that in no event shall the parking be less than 2.75 per 1,000) Rentable Square Feet (excluding the Rentable Square Feet of the lobby). Landlord shall submit the Preliminary Shell Plans to Tenant for Tenant's approval. Tenant will provide written approval of the Preliminary Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Preliminary Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Preliminary Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld, provided that neither Landlord nor Tenant shall be entitled to request or require changes to the Preliminary Shell Plans to the extent inconsistent with Exhibits B-2 and B- 3. Tenant will finally approve the revised Preliminary Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Preliminary Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Building Shells and expense delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). After Tenant's approval of the Preliminary Shells Plans, such plans shall be submitted to the City for approval. After approval by the City of the Preliminary Shell Plans, Landlord shall cause Architect to prepare Final Shell Plans. Tenant will provide written approval of the Final Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Final Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Final Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Final Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Final Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and the cost of such delay, in Landlord's completion of the Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). Landlord's Work shall be deemed to have been "Substantially Completed" or to have attained "Substantial Completion" as and when hereinafter set forth in this subparagraph 1(c). When Landlord receives written certification from Architect that construction of the foundation, structural slab on grade (except to the extent delayed by Tenant's action or inaction, including at Tenant's request to accommodate Tenant's design requirements and/or any underslab aspects of the Tenant Improvements), Landlord's underslab plumbing work, structural steel framework, decking and concrete on second floor, roof structure and installation of main fire sprinkler risers in the Buildings and all other work shown on the Final Plans (other than the Late Delivery Items and punchlist items) have been completed in accordance with the Final Shell Plans approved by the City and the parties, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Structural Completion Certificate") certifying that the construction of such portions of the Buildings have been substantially completed in accordance with the Final Shell Plans in all material respects and specifying the date of that completion. To the extent reasonably available from the City, Landlord shall include reasonable evidence that the City has signed off on the items of Landlord's Work. The delivery of such Structural Completion Certificate (and evidence from the City, if any) shall memorialize the date that the Landlord's Work was "Substantially Completed," subject to concurrence by Tenant's architect, which concurrence shall not be unreasonably withheld and shall be given (or reasonably withheld) within five (5) business days after receipt of the Structural Completion Certificate. Within five (5) business after Landlord's delivery of the Structural Completion Certificate, Landlord and Tenant (and/or their representatives) shall conduct a walkthrough of the Building Shells using diligence to specify any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair. Landlord and Tenant within said five (5) business day period after their inspection shall prepare a "punchlist" of any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair, and Landlord shall cause such items to be completed or corrected at its sole cost and expense within a reasonable time thereafter. Promptly after Landlord provides Tenant with the Final Completion Certificate, Landlord shall cause the recordation of a Notice of Completion (as defined in Section 3093 of the California Civil Code) with respect to Landlord's Work. The term "Substantially Completed" shall not include the parking areas or landscaping of the Property (the "Late Delivery Items") or punchlist items. Landlord and Tenant acknowledge and agree that the Late Delivery Items shall be completed by Landlord no later than the date which is the later to occur of (A) the date Tenant actually occupies the Leased Premises for the conduct of its business or (B) June 30, 2003. When Landlord receives written certification from Architect that construction of the remaining improvements constituting the Landlord's Work (including the Late Delivery Items and punchlist items) has been completed in accordance with the Final Shell Plans, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Final Completion Certificate") certifying that the construction of the remaining improvements constituting Landlord's Work has been substantially completed in accordance with Final Shell Plans in all material respects, and specifying the date of that completion. Upon receipt by Tenant of the Final Completion Certificate, the Landlord's Work will be deemed delivered to Tenant for all purposes of the Lease (subject to Landlord's continuing obligations with respect to the punchlist items). Notwithstanding any other provisions of this Exhibit B (Work Letter or of the “Work Letter”) and this Lease, but if Landlord is delayed in substantially completing any of Landlord's Work necessary for issuance of the Structural Completion Certificate as a result of any Tenant Delay (as defined below), then the Rent Commencement Date (as otherwise determined in accordance with Article 1 of the Lease) shall be advanced one day earlier for each day by which shall not include furnishingssuch Tenant Delay delayed completion of the portions of Landlord's Work necessary for issuance of the Structural Completion Certificate, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). and Tenant shall contract with its vendors and contractors directly for the performance reimburse Landlord in cash, within thirty (30) days after written demand by Landlord (accompanied by reasonable documentation of the Tenant’s Tel/Data Work items claimed), for any increased construction- related costs and shall be entirely responsible for the costs expenses actually incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part by Landlord as a result of the Landlord’s WorkTenant Delay, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, (a) provide a new HVAC system for the Premises, (b) remove all existing telephone and data cabling, and (c) demise the Premises. In addition, as part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)if any.

Landlord’s Work. In relation to the construction of improvements and alterations at the Premises prior to Tenant’s occupancy thereof, the “Landlord’s Work” shall be that work set form on the concept plan and narrative attached as Schedule I hereto (together, the “Scope of Work”), which Landlord shall construct at Landlord’s cost and expense in accordance with the terms and provisions of this Exhibit B (the “Work Letter”) and this Lease, but which shall not include furnishings, equipment or any data/telecommunications cabling, wiring or systems required by Tenant for the Premises (collectively, “Tenant’s Tel/Data Work”). Tenant shall contract with its vendors and contractors directly for the performance of the Tenant’s Tel/Data Work and shall be entirely responsible for the costs incurred in connection therewith and for all costs of Tenant’s furnishings or equipment As part of the Landlord’s Work, prior to Tenant’s occupancy of the Premises, Landlord shall, at Landlord’s cost and expense: (i) perform such work, (aif any) provide a new HVAC system (“Fire Command Access Work”) as is necessary to make available sufficient points of access in Landlord’s fire command station for the Building as may be required by Applicable Law in connection with the initial improvements made by Tenant in any portion of the Premises after the Execution Date of this Lease, including, without limitation, the New 21st Floor Premises, (b) remove all existing telephone and data cabling, and (cii) demise recalibrate and clean all perimeter induction units on each floor of the Office Premises and rezone all perimeter induction units (including adding a new thermostat for each corner office) within all corner offices on floors 15-20, 21 and 23 (collectively “HVAC Work”). Landlord shall perform Landlord’s Work pursuant to a schedule to be mutually agreed upon by Landlord and Tenant, provided that, in any event, the schedule for the performance of the Fire Command Assess Work to be performed with respect to the New 21st Floor Premises shall allow sufficient time to enable Landlord to substantially complete such work on or before the Outside 21st Floor Rent Commencement Date, as defined in Section D.1(a) above. Notwithstanding anything to the contrary herein contained, the performance and completion of Landlord’s Work shall have no effect on the Commencement Date or the Commencement Date with respect to the New 21st Floor Premises. In additionLandlord shall coordinate such work with Tenant to minimize any disruption of Tenant’s business, provided however, that, except as part set forth in Section D.1(c) above, Tenant shall not be entitled to any diminution in rental value on account of the performance of Landlord’s Work, prior and in no event shall Landlord have any liability to Tenant’s occupancy Tenant based upon the performance of the Premises, Landlord shall, at Landlord’s cost and expense, perform alterations to the island located in the portion of the parking area that serves the loading docks that serve the Building pursuant to Section 6 of this Work Letter. For the purposes of this Lease, the “Tenant Improvements” shall mean, collectively, all aspects of the Landlord’s Work and Tenant’s Tel/Data Work with the exception of any aspects thereof that constitute a part of the Building Structure (which Building Structure shall be deemed to include the new HVAC system serving the Premises as of the Commencement Date, but not any supplemental HVAC unit that may serve the Premises or be installed by Landlord or Tenant to exclusively serve the Premises or any portion thereof from time to time)Work.