Common use of Landlord’s Work Clause in Contracts

Landlord’s Work. (a) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), shall be at Tenant's sole cost and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill xxxrefor, but in no event later than the Commencement Date.

Landlord’s Work. (a) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Plans and Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), Work shall be at Tenant's sole cost and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Plans and Landlord's Work, and the installation of cable described in Section 1.01(b)(4), Work in an amount up to the lesser of (a) $178,500, 77,945.00 (i.e., $6.0017.00, multiplied by the area of the PremisesExpansion Space) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). If the cost of the Landlord's Work is less than the Allowance, Landlord shall retain such excess and Tenant shall not be entitled to receive such excess. (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed be either (a) five percent (5%) of the Job Cost (defined below) between $50,000 and $100,000, or (b) four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4)Job Cost that exceeds $100,000. Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be deemed to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost Estimate exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill xxxrefor, but in no event later than the Commencement Expansion Date.

Landlord’s Work. As partial consideration for this Lease, 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 (a$200,000.00) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("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, but less than $250,000, Landlord agrees to amortize the additional cost as part of the rent over the five (5)-year term of this Lease, together with interest at 10% per annum on the unpaid balance (Landlord would prefer that Tenant pay this excess in cash at the time of construction). The PlansTo the extent Landlord's Work costs in excess of $250,000, Tenant 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, the rent shall be reduced pursuant to the following formula: $750,000 + Cost of Landlord's Work x $15,833.33 = new monthly rental ---------------------------------- $950,000 Landlord's Work shall include, but not be limited to, the costs of all labor and materials, architectural, design, permits, fees and costs of construction of Tenant's space planimprovements; 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 system to (but not within) the 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 unreasonably withheld by either party. Upon execution of this Lease, Tenant, at its expense, shall have provided Landlord's architect with instructions sufficient to enable Landlord's architect to prepare complete plans and specifications for Landlord's Work, . Such plans and the installation of cable described in Section 1.01 (b)(4), shall be at Tenant's sole cost specifications and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill xxxrefor, but in no event later than the Commencement Date.'s

Landlord’s Work. (a) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Plans and Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), Work shall be at Tenant's sole cost and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Plans and Landlord's Work, and the installation of cable described in Section 1.01(b)(4), Work in an amount up to the lesser of (a) $178,500116,544.00, (i.e., $6.008.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, Work will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven five (75) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4)fee. Tenant's failure to reject the Cost Estimate within said seven five (75) day period shall be deemed to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost Estimate exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill xxxrefor, but in no event later than the Commencement DateExpansion Date for the Applicable Expansion Space.

Landlord’s Work. Landlord, through its independent designated contractor, shall install in the Premises those initial improvements specified in the Approved Space Plan and Final Construction Drawings (a) collectively with any subsequent modifications or additions, “Landlord’s Work”). Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Landlord's Worknot be obligated to provide any improvements, and the installation of cable described in Section 1.01 (b)(4), Premises shall be at Tenant's sole cost and expensedelivered containing no property of any kind, provided that other than Landlord’s Work. Tenant shall be entitled to pay all costs and expenses (including a credit against construction management fee in the cost amount of the Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four three percent (43%) of the total cost of the Landlord's Workinitial buildout), and all fees and charges for utilities during the cost initial buildout) incurred in connection with the Leasehold Improvements to the extent such costs and expenses exceed an allowance (the “Initial Allowance”) equal to the product of Tenant's space plan(a) thirty-six and 00/100 dollars ($36.00), multiplied by (b) the number of square feet of rentable area in the Premises. Tenant shall not receive any credit, cash or otherwise, for any unused portion of the Allowance. Notwithstanding the foregoing, in the event that the cost of the Planscompletion of the Landlord’s Work of the Premises exceeds the Initial Allowance, Landlord, at Tenant’s 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 the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be payable, as Additional Rent, along with Tenant’s monthly installments of Base Rent, in accordance with the provisions of Article IV. The Initial Allowance and Additional Allowance are collectively referred to be an acceptance thereof. If Tenant rejects as the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the “Allowance, then .” 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 Lease, or (ii) the tenth (10th) day after the date Landlord the amount gives Tenant notice of Landlord’s estimate of such excess expenses. Tenant shall pay twenty-five percent (25%)/the remainder of of such estimate within ten (10) business days after Tenant’s receipt by Tenant of a bill xxxrefornotice stating that Landlord’s Work are fifty percent (50%) complete, but in 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 event later than the earlier of the Lease Commencement DateDate or ten (10) days after Tenant’s receipt thereof. All amounts payable pursuant to this Exhibit by Tenant shall be considered additional rent and are subject to the provisions of the Lease.

Landlord’s Work. (a) Landlord does not make any representations about the Premises, the Building, or the Shopping Center except as expressly set forth in this Lease. Tenant acquires no rights, easements, licenses, or exclusives unless expressly granted in this Lease. The Premises and its systems and equipment are being delivered to Tenant in their "as is" condition as of the date of this Lease, except that: (i) the HVAC unit shall furnish be delivered in working order; and install substantially (ii) Landlord, at its expense, shall perform the work (if any) described in accordance with the Plans the materials and items described therein Exhibit B ("Landlord's Work"). The PlansAny other work performed by Landlord, other than the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), shall be at Tenant's sole cost request and expense, provided that Tenant shall be entitled to a credit against expense and the cost of the Plansadditional work, the costs of Tenant's space planplus a fifteen percent (15%) administrative fee, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied shall be paid by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt the Landlord presents a xxxx for the work to the Tenant. Acceptance of possession of the Premises by Tenant shall be conclusive evidence that Landlord's Work has been fully performed in the manner required. (1 ) Landlord may elect not to perform that portion of Landlord's Work, (2) Landlord may perform that portion of Landlord's Work in accordance with plans and specifications or other information determined by Landlord in its sole discretion to be appropriate, or (3) Landlord may wait for the appropriate plans and specifications or other information or materials from the Tenant. Should Landlord elect to wait for the appropriate plans and specifications or other information or materials from Tenant, then Tenant shall be required to pay Minimum Rent and Additional Charges for a bill xxxrefor, but in no event later than period preceding the Commencement DateDate equal to the number of days that the Delivery Date was delayed as a result of such wait.