Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. Landlord shall pay for the cost and expense to construct the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and Tenant. Landlord's Work shall be as set forth on Exhibit D, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footage. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. A. A complex of building shells and Common Area improvements of exterior and interior design and materials as determined by Landlord substantially as shown in Exhibit A. B. If any partitions are required to separate the Leased Premises from adjacent spaces, Landlord shall pay install metal stud framing only, after Tenant has performed any demolition necessary to accommodate installation of said framing. Such stud framing shall extend from the floor slab of the Leased Premises to the underside of the floor or roof structure. Xxxxxx’s reimbursement to Landlord for Xxxxxx’s share of the cost and expense of such work is included in the fee identified in Exhibit B-1 for Landlord provided facilities. Tenant shall install gypsum board on Tenant’s side of stud framing to construct underside of structure as required for a one-hour fire resistant separation. C. In the Built Out Square Footage according event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the mutually agreed public, and Tenant shall be able to complete its construction within the Leased Premises prior to such opening, Landlord shall not provide a temporary barricade at the storefront lease line, except to the extent that Landlord shall determine that such barricade is necessary or desirable. If the Leased Premises are not located in such a development or in such an expansion wing, or if Tenant shall be unable to complete the construction of the Leased Premises and to open for business at the time that such development or expansion wing, as applicable, first opens for business to the public, Landlord shall provide, for Tenant’s use during construction and demolition, a temporary barricade at the storefront lease line. Tenant shall reimburse Landlord for any such temporary barricade provided by Landlord. Landlord shall remove the storefront barricade upon Plans completion of Tenant’s Work and Specifications agreed when Xxxxxx is prepared to open for business as determined by Landlord. Landlord shall have the option, by written notice to Tenant, to require Tenant to remove the storefront barricade and to store the same at a location specified by Landlord within the regional retail development. In the event of such removal by Tenant, Tenant shall be responsible for any damage caused to the barricade by such removal and Tenantstorage. Landlord's Work In either case, Tenant shall immediately repair any damage caused to the Leased Premises by the removal of the barricade. D. If the entire Leased Premises shall not have been previously occupied by another tenant or occupant, the provision of utility connections by Landlord shall be as set forth on under Section II of Exhibit DB-1. If the entire Leased Premises shall have been previously occupied, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is following utilities or utility stubs are not obligated to make any other improvements to contained within the Leased Premises, Landlord shall cause said utilities to be extended to within the Leased Premises at a point which is closest to Landlord’s pickup point. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one Such utilities shall include: sanitary, domestic cold water, plumbing vent (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warrantywhere applicable), fire protection, and Landlord shall assign all third party warranties air conditioning supply duct stub (where applicable). Refer to Tenant. Landlord agrees Exhibit B-1 (and/or to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance"other construction exhibits, if any, attached to this Lease) for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage additional information on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footagecertain utilities. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. Landlord shall, at its sole cost and expense, fully fund and complete the Landlord’s Work as described on Exhibit B. Landlord shall pay select and contract with general contractor, manage architectural drawings (subject to Tenant’s reasonable approval), and coordinate and manage the construction project and activities. Landlord shall enter into a construction contract or contracts for the cost purpose of constructing the Landlord’s Work. Landlord shall cause the Landlord’s Work to be completed in a first-class workmanlike manner using existing Building standard finishes (unless otherwise expressly stated), in accordance with the floor plans and expense to construct architectural drawings approved by Tenant, and in accordance with all applicable laws, ordinances, and statutes. Landlord warrants that the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and Tenant. Landlord's ’s Work shall be as set forth on Exhibit Dfree from defect in material and workmanship. Landlord shall obtain all necessary permits for the Landlord’s Work and to the extent required by applicable law, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations a new certificate of Landlord under this Lease, Landlord is not obligated to make any other improvements to occupancy for the Leased Premises. Landlord warrants Xxxxxxxx agrees that all the Landlord's ’s Work will be fully warranted as free from all defects in labor or material for one (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy completed on or before October 1, 20042019 (the “Outside Completion Date”). In the event that Xxxxxxxx fails to complete the Landlord’s Work and deliver possession of the Leased Premises to Tenant on or before the Outside Completion Date, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days a per diem credit against the next installments of rent abatement Monthly Rent due under the Lease for each day after October 1, 2004 the Outside Completion Date that Landlord has not obtained fails to complete the temporary certificate of occupancyLandlord’s Work and deliver the Leased Premises. Notwithstanding In addition, in the foregoing, if event that Xxxxxxxx fails to complete the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length ’s Work and deliver possession of the Excused Delay, as defined in Section 22.04, and Landlord shall not have Leased Premises to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15December 1, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained 2019 (the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"“Extended Completion Date”), then Tenant must respond Tenant, in addition to any other remedies afforded at law or in equity, may terminate this Lease upon notice to Landlord's RFI in writing within three (3) days of its receipt of . Upon such RFItermination, all prepaid Monthly Rent and other amounts shall be promptly returned to Tenant. If Tenant's Change Order requires Landlord Notwithstanding anything to incur costs in excess of the Allowancecontrary herein, then Tenant must pay Landlord, in cashone day shall be added to the Outside Completion Date and the Extended Completion Date, for each day that Landlord is delayed because of a Tenant Delay (as hereinafter defined). For purposes hereof, the term “Tenant Delay” shall mean any such additional cost within thirty (30) days of actual delays to the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footage. Landlord’s Work stemming from (i) any changes in year six writing from Ms. Xxxxx Xxxxx (6of Tenant) to the Vanilla Box Allowance will be eighty percent (80%) scope of the Vanilla Box Allowance; Landlord’s Work, or (ii) any failure of Tenant to respond to Xxxxxxxx’s request for information or approval in year seven (7), connection with the Vanilla Box Allowance will be sixty percent (60%) completion of the Vanilla Box Allowance; Landlord’s Work within four (iii4) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) business days after such request. Upon completion of the Vanilla Box Allowance; (iv) Landlord’s Work, Tenant shall have the right to inspect the Leased Premises and to prepare and submit to Landlord a punch list of any incomplete or nonconforming work included in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) Landlord’s Work. Landlord shall complete such work as is detailed on said punch list in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Perioda commercially-reasonable time.

Landlord’s Work. At Landlord’s sole cost and expense and on a non-pass through basis, Landlord shall add one (1) new two truck dock high loading dock on the east end of the Building. Landlord shall also supply an automatic roll-up door at the new loading dock. This work is more particularly described below. In connection with such work, Landlord shall pay for all permits and fees and shall pay for all costs and expenses in connection with the cost relocation of any utilities, all landscaping costs and expense all costs to construct repair the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and TenantCommon Areas. Landlord's Work shall be Except as set forth otherwise expressly provided on this Exhibit D, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is not obligated shall have no obligation to make any other improvements to the Leased PremisesPremises (other than Landlord’s obligations under Section 8.1 of this Lease) and Tenant shall take possession of the Premises in its “as is” condition. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (1) year after shall complete the commencement installation of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance man door in item 8 below not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September later than April 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease2007. If Tenant terminates this Lease because so requests in writing, Landlord has not obtained shall install such dock levelers and shelter covers as Tenant requires with respect to the temporary certificate of occupancy on or before May 15Building’s loading docks; provided, 2005, then Landlord, and any Guarantor, that Tenant shall be responsible for all hard and soft costs and expenses in connection with the installation of such dock levelers and shelter covers to be performed by Landlord on Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, ’s behalf and Landlord responds to Tenant in writing with a request shall be reimbursed for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footage. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Improvement Allowance. The same formula will be applied 1 GENERAL CONDITIONS Project Management Project Supervision Project Safety Temporary Phone Company Vehicle Progressive Clean-up and Debris Removal Demolish landscape for dock excavation Relocate site utilities as necessary Demolish storefront glass and exterior framing for roll up door and mandoor Demolish landscape islands in lot as necessary for truck path Form and cast two truck bay dock and landing similar to the Vanilla Box Allowance during any Option Period.existing Form and cast curbs for relocated landscape islands

Landlord’s Work. Landlord shall pay for the (a) Landlord, at Landlord’s sole cost and expense to construct expense, shall perform the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and Tenant. work (“Landlord's Work shall be as ’s Work”) set forth on in the job budget (the “Job Budget”) prepared by Vantage Builders, Inc., dated May 22, 2014, consisting of two (2) pages, and attached hereto as Exhibit DD (Job Budget) in order to deliver the Premises in accordance with the space plan prepared by Design-Science, the Base Building Specificationsdated April 29, ("Landlord's Work"). Other than Landlord's Work2014, Change Orders (as defined below) and the repair and maintenance obligations consisting of Landlord under this Lease, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (1) year after page, and attached hereto as Exhibit A (Plan of Premises). (b) Subject to delays due to events of Force Majeure (as hereinafter defined) or Tenant Delay (as hereinafter defined), Landlord shall use reasonable care and diligence to complete Landlord’s Work as quickly and efficiently as possible, but Tenant shall have no claim against Landlord for failure to complete Landlord’s Work; provided, however, that in the commencement event that Landlord does not Substantially Complete (as hereinafter defined) Landlord’s Work on or before June 27, 2014 (the “Outside Completion Date”), Landlord shall provide Tenant with a license to use a portion of the Term or longer to 2nd Floor of the extent any contractor or supplier shall provide an extended warrantyBuilding measuring approximately 2,426 rentable square feet, and shown on Exhibit F (Plan of Temporary Premises) to this Lease (the “Temporary Premises”). (c) Landlord’s Work shall be performed in a Building Standard manner using Building Standard materials. (d) If Tenant wants Landlord shall assign all third party warranties to Tenantperform or supply any additional work or non-Building Standard work, installations, materials or finishes (“Extra Work”) over and above, or in lieu of, Landlord’s Work, Landlord may refuse such request for Extra Work. Landlord agrees Any agreement to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for do Extra Work must be in writing describing the build out of Extra Work, the Built Out Square Footage price to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenantand any payment terms therefor. Any portion of the Allowance not used by Landlord and all costs incurred for the build out shall be refunded preparation, filing or approval of plans and specifications relating to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Extra Work shall be attached hereto paid for by Tenant without regard to whether or not Landlord agrees to do Extra Work. If Tenant fails to make any agreed payment for Extra Work within five (5) days after Landlord invoices Tenant for the same, Landlord shall have the same remedies against Tenant for such non-payment as Exhibit "J." for non-payment of any other item of Rent. (e) Notwithstanding any language anything contained herein or elsewhere in this Lease to the contrary, if there is any increase in Landlord’s cost for Landlord’s Work or if Landlord has not obtained is delayed in substantial completion of Landlord’s Work as a result of: (i) Landlord’s performance of Extra Work; or (ii) the temporary certificate performance of occupancy on any work by Tenant or before May 15Tenant’s Agents, 2005then, then either party can terminate this Lease. If in such event, (a) Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plansincrease in Landlord’s cost for Landlord’s Work, and Landlord responds (b) the Commencement Date shall be deemed to Tenant in writing with a request for information ("RFI"), then Tenant must respond to be the date on which Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot ’s Work would have been Substantially Complete but for the build out of the Vanilla Box Square Footagedelay. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. A. A complex of building shells and common area improvements of exterior and interior design and materials as determined by Landlord substantially as shown in Exhibit A. B If any partitions are required to separate the leased premises from adjacent spaces, Landlord shall pay for install metal stud framing only, after Tenant has performed any demolition necessary to accommodate installation of said framing. Such stud framing shall extend from the floor slab of the leased premises to the underside of the floor or roof structure Tenant shall reimburse Landlord as Tenant's share of the cost and expense of such work, $20.00 per lineal foot of said stud framing. Tenant shall install gypsum board on Tenant's side of stud framing to construct underside of structure as required for a one-hour fire resistant separation. C In the Built Out Square Footage according event that the leased premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the mutually agreed public, and Tenant shall be able to complete its construction within the leased premises prior to such opening, Landlord shall not provide a temporary barricade at the storefront lease line, except to the extent that Landlord shall determine that such barricade is necessary or desirable. If the leased premises are not located in such a development or in such an expansion wing, or if Tenant shall be unable to complete the construction of the leased premises and to open for business at the time that such development or expansion wing, as applicable, first opens for business to the public, Landlord shall provide, for Tenant's use during construction and demolition, a temporary barricade at the storefront lease line. Tenant shall reimburse Landlord $45.00 per lineal foot of storefront lease line for any such temporary barricade provided by Landlord. Landlord shall remove the storefront barricade upon Plans completion of Tenant's Work and Specifications agreed when Tenant is prepared to open for business as determined by Landlord. Landlord shall have the option, by written notice to Tenant, to require Tenant to remove the storefront barricade and to store the same at a location specified by Landlord within the regional retail development. In the event of such removal by Tenant, Tenant shall be responsible for any damage caused to the barricade by such removal and Tenantstorage. Landlord's Work In either case, Tenant shall immediately repair any damage caused to the leased premises by the removal of the barricade. D If the entire leased premises shall not have been previously occupied by another tenant or occupant, the provision of utility connections by Landlord shall be as set forth on under Section II of Exhibit DB-i. If the entire leased premises shall have been previously occupied, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Leasefollowing utilities or utility stubs are not contained within the premises, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage cause said utilities to be paid by Landlord as such Tenant build out extended to within the leased premises at a point which is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond closest to Landlord's RFI in writing within three pickup point. Such utilities shall include: sanitary, domestic cold water, plumbing vent (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowancewhere applicable), then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footagefire protection, and Tenant can construct such Tenant build out. Landlord agrees air conditioning supply duct stub (where applicable) Refer to provide a build out allowance of Twenty Five Exhibit B-i ($25.00and/or to other construction exhibits, if any, attached to this Lease) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footage. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.additional information on certain utilities

Landlord’s Work. A. A complex of building shells and Common Area improvements of exterior and interior design and materials as determined by Landlord substantially as shown in Exhibit A. B. If any partitions are required to separate the Leased Premises from adjacent spaces, Landlord shall pay install metal stud framing only, after Tenant has performed any demolition necessary to accommodate installation of said framing. Such stud framing shall extend from the floor slab of the Leased Premises to the underside of the floor or roof structure. Texxxx’s reimbursement to Landlord for Texxxx’s share of the cost and expense of such work is included in the fee identified in Exhibit B-1 for Landlord provided facilities. Tenant shall install gypsum board on Tenant’s side of stud framing to construct underside of structure as required for a one-hour fire resistant separation. C. In the Built Out Square Footage according event that the Leased Premises are located in a retail development, or in an expansion wing of a retail development, which development or expansion wing shall not yet have opened for business to the mutually agreed public, and Tenant shall be able to complete its construction within the Leased Premises prior to such opening, Landlord shall not provide a temporary barricade at the storefront lease line, except to the extent that Landlord shall determine that such barricade is necessary or desirable. If the Leased Premises are not located in such a development or in such an expansion wing, or if Tenant shall be unable to complete the construction of the Leased Premises and to open for business at the time that such development or expansion wing, as applicable, first opens for business to the public, Landlord shall provide, for Tenant’s use during construction and demolition, a temporary barricade at the storefront lease line. Tenant shall reimburse Landlord $45.00 per lineal foot of storefront lease line for any such temporary barricade provided by Landlord. Landlord shall remove the storefront barricade upon Plans completion of Tenant’s Work and Specifications agreed when Texxxx xs prepared to open for business as determined by Landlord. Landlord shall have the option, by written notice to Tenant, to require Tenant to remove the storefront barricade and to store the same at a location specified by Landlord within the regional retail development. In the event of such removal by Tenant, Tenant shall be responsible for any damage caused to the barricade by such removal and Tenantstorage. Landlord's Work In either case, Tenant shall immediately repair any damage caused to the Leased Premises by the removal of the barricade. D. If the entire Leased Premises shall not have been previously occupied by another tenant or occupant, the provision of utility connections by Landlord shall be as set forth on under Section II of Exhibit DB-1. If the entire Leased Premises shall have been previously occupied, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is following utilities or utility stubs are not obligated to make any other improvements to contained within the Leased Premises, Landlord shall cause said utilities to be extended to within the Leased Premises at a point which is closest to Landlord’s pickup point. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one Such utilities shall include: sanitary, domestic cold water, plumbing vent (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warrantywhere applicable), fire protection, and Landlord shall assign all third party warranties air conditioning supply duct stub (where applicable). Refer to Tenant. Landlord agrees Exhibit B-1 (and/or to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance"other construction exhibits, if any, attached to this Lease) for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage additional information on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footagecertain utilities. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. Subject to Unavoidable Delay, Landlord will promptly and at its sole cost and expense, complete the work, if any, to be performed by Landlord which is described in the plans referenced in Exhibit "B", together with all other items designated or described in Exhibit B (collectively "Landlord's Work"), whether necessary to permit Tenant to commence the work to be performed by Tenant ("Tenant's Work") under Exhibit "C" or otherwise. Subject to Section 18.12, Landlord shall pay cause Landlord's Work to be Substantially Complete before the Scheduled Delivery Date specified in Section 1.1 in accordance herewith and Exhibit "B". If Landlord's Work is not Substantially Complete before the Scheduled Delivery Date, Tenant shall be entitled to a credit against Rental two (2) days for each day that Landlord's Work is not Substantially Complete beyond the Scheduled Delivery Date. In the event of any conflict between Exhibit "B" and the Lease, Exhibit "B" shall control. Landlord hereby warrants and guarantees Landlord's Work to be free from defects in workmanship and materials for a period of one (1) year from the Premises Delivery Date. Upon the expiration of said one (1) year period, Landlord shall assign to Tenant all warranties and guarantees with respect to Landlord's Work and, to the extent of any such warranties and guarantees are not assignable, Landlord agrees to enforce the same for the cost benefit of Tenant. Landlord shall promptly (i) repair any latent defects in Landlord's Work no matter when appearing and expense to construct (ii) repair any so-called punch-list items about which Tenant notifies Landlord within sixty (60) days of the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and TenantPremises Delivery Date. Landlord's Work shall be as set forth on Exhibit Dperformed in a good and workmanlike manner, using new materials, and the Base Building Specifications, ("LandlordPremises shall be delivered free of all liens and encumbrances and not in violation of any applicable Laws. In the event a mechanic's Work"). Other than lien is recorded with respect to Landlord's Work, Change Orders (as defined below) Landlord shall indemnify, defend and the repair and maintenance obligations of Landlord under this Lease, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free hold Tenant harmless from all defects in labor or material for one (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days losses, damages or causes of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for action arising from any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footagelien. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. Landlord shall pay for A. Subject to the provisions of this Exhibit B, Landlord, at Landlord’s sole cost and expense to construct expense, shall obtain all permits and approvals necessary in connection with, and perform, the Built Out Square Footage according to the mutually agreed upon Plans and Specifications agreed to by Landlord and Tenant. base building work (“Landlord's Work shall be ’s Work”) as set forth on Exhibit D, defined in the Base Building Specifications (“Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (”) attached hereto as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (Schedule 1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide reasonably consult with Tenant a build out allowance (but expressly excluding any right of Twenty Five ($25.00Tenant to approve such finishes) Dollars per square foot ("Allowance") to review the proposed finishes for the build out Landlord’s Work. Subject to delays due to Landlord’s Force Majeure (as hereinafter defined) or attributable to a Tenant Delay (as hereinafter defined), Landlord shall use reasonable speed and diligence in the construction of the Built Out Square Footage Landlord’s Work, but Tenant shall have no claim against Landlord for failure so to be paid by Landlord complete construction of Landlord’s Work, except as such Tenant build out is completed by Landlordexpressly set forth in Section 1.1. The build out related In addition to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used by Landlord for the build out shall be refunded to Tenant by Landlord. Landlord must obtain a temporary certificate of occupancy for its build out of the Built Out Square Footage Base Building Specifications described on or before September Schedule 1, 2004 ("Delivery Date"). If Landlord does not obtain such temporary certificate the Landlord’s Work includes construction of occupancy on or before an outdoor terrace at the Delivery Date, then Landlord will be responsible for Tenant's actual holdover costs until Landlord obtains the temporary certificate of occupancy. If Landlord does not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord to incur costs in excess of the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build outProperty. Landlord agrees to reasonably consult with Tenant with respect to elevator cab finishes provided any modifications or selections requested by Tenant will not delay the design, permitting or performance of the Landlord’s Work and Tenant shall be responsible to pay any increased costs to incorporate Tenant’s modifications or selections about the finish amount allocated by Landlord in its budget for Landlord’s Work. B. Upon Tenant’s request from time to time, Landlord shall consult with Tenant and its representatives about the status of Landlord’s Work and the then estimated Initial Work Substantial Completion Date, the estimated Interim Conditions Completion Date and the estimated Substantial Completion Date. Upon receipt of a written request from Tenant received not more frequently than once per quarter, Landlord will provide a build out allowance Tenant with progress reports regarding the status of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot and any updates to the schedule for the build out Landlord’s Work. Landlord shall permit Tenant and its representatives, accompanied by representatives of Landlord and its general contractor, to review and inspect the Vanilla Box Square Footageprogress of Landlord’s Work at reasonable times that will not interfere with the performance of Landlord’s Work. Tenant’s Representatives may attend Landlord’s regularly scheduled construction meetings for Landlord’s Work. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.

Landlord’s Work. Except as otherwise agreed upon in writing, Landlord shall pay for the cost and expense to construct the Built Out Square Footage according perform improvements to the mutually agreed upon Plans and Specifications agreed Premises in accordance with the worklist attached to this Work Letter as Schedule 1 to this Exhibit (the ”Worklist”). The improvements to be performed by Landlord in accordance with the Worklist are referred to as “Landlord’s Work”. Landlord’s Work shall be done with such minor variations as Landlord may deem advisable, so long as such variations will not substantially vary from Worklist or materially interfere with the permitted use of the Premises. Landlord shall enter into a direct contract for Landlord’s Work with a general contractor selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon request, Xxxxxxx may request one or more general contractors to bid on the Landlord's ’s Work and the Landlord shall reasonably consider such general contractor candidates so long as the same comply with Landlord’s insurance and standard contractor guidelines. In addition, Landlord shall have the right to select and approve of any subcontractors used in connection with Landlord’s Work. Tenant acknowledges and agrees that, except as expressly set forth on the Worklist or as otherwise agreed upon in writing, Landlord’s Work shall be as set forth on Exhibit D, the Base Building Specifications, ("Landlord's Work"). Other than Landlord's Work, Change Orders (as defined below) and the repair and maintenance obligations of Landlord under this Lease, Landlord is not obligated to make any other improvements to the Leased Premises. Landlord warrants that all Landlord's Work will be fully warranted as free from all defects in labor or material for one (1) year after the commencement of the Term or longer to the extent any contractor or supplier shall provide an extended warranty, and Landlord shall assign all third party warranties to Tenant. Landlord agrees to provide Tenant a build out allowance of Twenty Five ($25.00) Dollars per square foot ("Allowance") for the build out of the Built Out Square Footage to be paid by Landlord as such Tenant build out is completed by Landlord. The build out related to the Allowance must be reasonably acceptable to Tenant. Any portion of the Allowance not used constructed using Building-standard materials designated by Landlord for the build out Building. In no event shall be refunded Landlord’s Work include any costs or expenses of any consultants retained by Tenant with respect to Tenant by Landlorddesign, procurement, installation or construction of improvements or installations, whether real or personal property, for the Premises. Landlord must obtain a temporary certificate of occupancy for its build out will not require Tenant to remove the Landlord’s Work upon the expiration or earlier termination of the Built Out Square Footage on or before September 1, 2004 ("Delivery Date")Lease. If Landlord does not obtain such temporary certificate of occupancy on or before the Delivery Date, then Landlord will be responsible for reasonably cooperate with Tenant in order to perform Landlord's work with a minimum of disruption to Tenant's actual holdover costs until business; provided, Landlord obtains the temporary certificate of occupancy. If Landlord does will not obtain the temporary certificate of occupancy on or before October 1, 2004, then Landlord must pay Tenant's actual holdover costs, plus Tenant shall receive two (2) days of rent abatement for each day after October 1, 2004 that Landlord has not obtained the temporary certificate of occupancy. Notwithstanding the foregoing, if the reason Landlord has not timely obtained the temporary certificate of occupancy is due to a Change Order submitted by Tenant to Landlord, then the deadline by which Landlord must obtain the temporary certificate of occupancy shall be extended by the length of the Excused Delay, as defined in Section 22.04, and Landlord shall not have to pay any Tenant holdover costs or give Tenant a rent abatement during such extension. The timeline for Landlord's Work shall be attached hereto as Exhibit "J." Notwithstanding any language in this Lease to the contrary, if Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then either party can terminate this Lease. If Tenant terminates this Lease because Landlord has not obtained the temporary certificate of occupancy on or before May 15, 2005, then Landlord, and any Guarantor, shall be responsible for Tenant's actual holdover costs. If Tenant submits to Landlord a written change order ("Change Order") changing the original Plans, and Landlord responds to Tenant in writing with a request for information ("RFI"), then Tenant must respond to Landlord's RFI in writing within three (3) days of its receipt of such RFI. If Tenant's Change Order requires Landlord obligated to incur any additional costs in excess of connection with the Allowance, then Tenant must pay Landlord, in cash, for any such additional cost within thirty (30) days of the completion of the additional work in the Change Order. If Tenant submits a written request to Landlord to build out the Vanilla Box Square Footage at any time during the first five (5) years of the Term, the Landlord will construct the build out of the Vanilla Box Square Footage according to mutually agreed upon plans and specifications or Landlord can pay to Tenant the cost to built out such Vanilla Box Square Footage, and Tenant can construct such Tenant build out. Landlord agrees to provide a build out allowance of Twenty Five ($25.00) Dollars ("Vanilla Box Allowance") per square foot for the build out of the Vanilla Box Square Footagesame. (i) in year six (6) the Vanilla Box Allowance will be eighty percent (80%) of the Vanilla Box Allowance; (ii) in year seven (7), the Vanilla Box Allowance will be sixty percent (60%) of the Vanilla Box Allowance; (iii) in year eight (8), the Vanilla Box Allowance will be forty percent (40%) of the Vanilla Box Allowance; (iv) in year nine (9) the Vanilla Box Allowance will be twenty percent (20%) of the Vanilla Box Allowance; and (v) in year ten (10), there shall be no Vanilla Box Allowance. The same formula will be applied as to the Vanilla Box Allowance during any Option Period.