Common use of Manner of Construction Clause in Contracts

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord may reasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the City of San Diego, all in conformance with Landlord's construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof by any other tenant of the Project, and so as not to obstruct the business of other tenants in the Project. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations.

Manner of Construction. Landlord may impose, at the time of, and as a condition of of, its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or and the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics all Alterations conform in terms of quality and materialmen approved style to the Building's standards established by Landlord (which approval (as indicated or the then-existing Tenant Improvements. If such Alterations will involve the use of or disturb hazardous materials or substances existing in Section 29.4 below) shall not be unreasonably withheld or delayed). In any eventthe Premises, Tenant shall utilize subcontractors of comply with Landlord's selection to perform any rules and all work that may affect the Building Systems and Equipment, structural aspects regulations concerning such hazardous materials or substances. Landlord's approval of the Buildingplans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the Base Shell part of Landlord for their completeness, design sufficiency, or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)compliance with all Laws. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San DiegoIrvine, all in conformance with Landlord's construction rules and regulationsregulations and the plans and specifications previously approved by Landlord. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end "Base Building," as that term is defined below, then Landlord (or Landlord's property manager) shall, at Tenant's expense, make such changes to the Premises Base Building. The "Base Building" shall at all times be a complete unit except during mean the period of workBuilding Structure and the Building Systems. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas and in that respect, Landlord shall have the right, in connection with the construction of any Alterations and/or any tenant improvements constructed in the Premises pursuant to the terms of the Tenant Work Letter, to require that all subcontractors, laborers, materialmen, and suppliers retained directly by Tenant and/or Landlord (unless Landlord elects otherwise) be union labor in compliance with the then existing master labor agreements. (As of the date of this Lease, only carpentry work requires union labor.) Notwithstanding the foregoing, Landlord agrees that Tenant shall not be obligated to use union contractors for furniture installation and Landlord agrees to cooperate with Tenant in addressing any issues with xxx xxxxxxxxxx union arising out of Tenant's use of non-union furniture installers. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego Orange in accordance with Section 8182 of the California Civil Code Section 3093 or any successor statutestatute and furnish a copy thereof to Landlord upon recordation, and timely give all notices required pursuant to Section 8190 of the California Civil Code or any successor statute (failing which, Landlord may itself execute and file such Notice of Completion and give such notices on behalf of Tenant as Tenant's agent for such purpose), and Tenant shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant shall, at Tenant's ’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term; provided, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirementshowever, Landlord shall have not require the option to either pay the excess charges removal of such subcontractor any Specified Improvements (as defined in Exhibit D) or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Alterations that are typical office improvements Tenant shall construct such Alterations and perform such repairs at Tenant’s sole cost and expense, in such manner and at such times as Landlord may from time to time reasonably designate, in a good and workmanlike manner, employing materials of good quality, in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the City of San Diegocity in which the Building is located (or other applicable governmental authority), all in conformance with Landlord's ’s reasonable construction rules and regulations. All work with respect ; provided, however, that prior to commencing to construct any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such AlterationsAlteration, Tenant shall have meet with Landlord to discuss Landlord’s design parameters and code compliance issues. To the work extent Landlord permits Tenant to perform any Alterations outside the Premises and/or affecting the Base Building, or if required by Applicable Laws, (i) Tenant shall give Landlord at least two (2) business days’ prior written notice of any proposed Alterations outside the Premises and/or affecting the Building systems (the “Supervised Work”), and (ii) Tenant shall reimburse Landlord, within thirty (30) days after demand therefor, for the reasonable cost of Landlord’s supervisory personnel overseeing the Supervised Work, if any. Alterations shall be performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. In addition Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. If Landlord reasonably determines that, in connection with Alterations by any Tenant Party, (A) any Building System (including the fire alarm system) should be or is required to Tenant's obligations under Article 9 be shut down, and/or (B) Building System cleaning or other maintenance or repair is required (including the changing of this LeaseBuilding System filters pre- or post-construction), upon Tenant shall reimburse Landlord for the reasonable out-of-pocket costs incurred by Landlord in connection therewith. Upon completion of any Alterations (or repairs) including Permitted Alterations, Tenant agrees shall (a) deliver to cause a Notice of Completion to be recorded Landlord final cost affidavits and final lien waivers (in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statuteform reasonably approved by Landlord) from all contractors, subcontractors and materialmen who performed such work, and Tenant shall (b) deliver to the Project management office construction manager a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord may reasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's ’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are arc installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's ’s selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection Subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the City of San Diego, all in conformance with Landlord's ’s construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to in completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof by any other tenant of the Project, and so as not to obstruct the business of other tenants in the Project. In addition to Tenant's ’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "“as built" ” drawings of the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable; provided, includinghowever, such requirement shall at a minimum include, but not limited to, the following: (i) the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, (ii) the requirement that upon Landlord's request made at the time such consent is granted, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease TermTerm and return the affected portion of the Premises to the condition existing immediately following the installation of the Tenant Improvements; (iii) the requirement that a copy of Tenant's contract(s) with its contractors be delivered to Landlord prior to the commencement of any such construction (which contracts shall state that all change orders must be approved, provided in writing, by Landlord imposed such removal requirement as a condition prior to consenting to implementation); (iv) Landlord's review and approval of the final budget (contractor's cost proposal) for such Alterations when they are installed, and/or or repairs; and (v) the requirement that Tenant utilize for such purposes only contractorsshall meet with Landlord, subcontractorsprior to the commencement of any construction, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of to discuss Landlord's selection to perform any design parameters and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)code compliance issues. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San Diego, all in conformance with Landlord's construction rules and regulations. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Premises Base Building. The "Base Building" shall at all times be a complete unit except during consist of the period of workBuilding Structure. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Section 3093 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall deliver to the Project management office construction manager a reproducible copy of the "as built" drawings of the Alterations, to the extent applicable, as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors reasonably approved by Landlord, and the requirement that upon Landlord's timely request (as more particularly set forth in Section 8.5, below), Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease TermTerm and return the affected portion of the Premises to a building standard tenant improved condition as reasonably determined by Landlord; provided, provided however, that Tenant shall only be required to remove non-general office use Alterations, and only to the extent Landlord imposed provides Tenant with notice of such removal requirement obligation at the time its consent is given (i.e., as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated more particularly set forth in Section 29.4 8.5 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permitpermit (if applicable), issued by the City of San DiegoIrvine (the "City"), all in conformance with Landlord's reasonable, written construction rules and regulations. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end "Base Building", as that term is defined below, then Tenant shall, at Tenant's expense, make such changes to the Premises Base Building. The "Base Building" shall at all times be a complete unit except during include the period structural portions of workeither Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of either Building. In performing the work of any such Alterations, Tenant shall use diligent efforts to have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants or owners in the Project. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the Orange County of San Diego in accordance with California Section 3093 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall deliver to the Project management office Landlord a reproducible copy of the "as as-built" drawings of the Alterations, to the extent applicable, as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord reasonably may reasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen contractors reasonably approved by Landlord, and any removal and/or restoration obligations required to be performed pursuant to the TCCs of Section 8.5 of this Lease. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant acquiring a permit to do the work from appropriate governmental agencies, the furnishing of a copy of such permit to Landlord prior to the commencement of the work, and the compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. If such Alterations will involve the use of or disturb Hazardous Materials existing in the Premises (the existence of which approval (as indicated in Section 29.4 below) shall not is known, or should be unreasonably withheld or delayedknown to Tenant). In any event, Tenant shall utilize subcontractors of comply with Landlord's selection to perform any ’s reasonable and all work that may affect the Building Systems customary rules and Equipment, structural aspects of the Building, the Base Shell regulations concerning such hazardous materials or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San Diegocity in which the Project is located (or other applicable governmental authority), all in conformance with Landlord's ’s reasonable construction rules and regulations. All work with respect In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the Base Building, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. Since Landlord currently anticipates obtaining a LEED certification for Building Design and Construction applicable to the base, shell and core of the Project (all in Landlord’s sole and absolute discretion), Tenant expressly acknowledges and agrees that without limitation as to other grounds for Landlord withholding its consent to any Alterations must proposed Alteration, Landlord shall have the right to withhold its consent to any proposed Alteration in the event that such Alteration is not compatible with such certification or recertification of the base, shell and core of the Project under such LEED rating system (or other applicable certification standard) for Building Design and Construction. The foregoing shall not be done construed to permit Landlord to require Tenant to obtain a LEED certification for Interior Design and Construction applicable to its Improvements or Alterations, or to permit Landlord to withhold its consent to any Alteration that would restrict Landlord’s ability to obtain a LEED certification for Interior Design and Construction. The “Base Building” shall include the Building Structure, and the Common Area restrooms, elevators, exit stairwells and the Building Systems located in a good and workmanlike manner and diligently prosecuted to completion to the end that internal core of the Buildings on the floor or floors on which the Premises shall at all times be a complete unit except during the period of workis located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall retain any union trades to the extent designated by Landlord or to the extent required by the Underlying Documents. Further, Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Buildings or the Common Areas. In addition to Tenant's ’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego Mateo in accordance with California Section 8182 of the Civil Code Section 3093 of the State of California or any successor statute, and as a condition precedent to the enforceability and validity of Landlord’s consent, Tenant shall deliver to the Project management office for the Project a reproducible copy of the "“as built" ” and CAD drawings of the Alterations, to the extent applicable, as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its sole discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that all Alterations conform in terms of quality and style to the building's standards established by Landlord, and the requirement that all Alterations comply with Xxxxxxxx's most recent Construction and Greening Policies/Plans as provided to Tenant utilize for from Landlord. If such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated Alterations will involve the use of or disturb hazardous materials or substances existing in Section 29.4 below) shall not be unreasonably withheld or delayed). In any eventthe Premises, Tenant shall utilize subcontractors of comply with Landlord's selection to perform any rules and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell regulations concerning such hazardous materials or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San DiegoLos Angeles, all in conformance with Landlord's construction rules and regulations. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord's reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant Xxxxxx agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego Los Angeles in accordance with California Section 3093 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord may reasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the City of San Diego, all in conformance with Landlord's construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof by any other tenant of the Project, and so as not to obstruct the business of other tenants in the Project. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord Landlord. Notwithstanding the foregoing, in the event such Alterations or repairs (which approval (as indicated in Section 29.4 belowi) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects exterior of the Building, (ii) affect the Base Shell structure of the Building, or Core the systems and equipment of the Building, or exterior appearance (iii) may interfere with Building services or the use of the Building or Common Areas provided that (i) if such subcontractors are unwilling Project by other tenants or unable occupants, then Landlord may condition its approval in Landlord’s sole discretion. Prior to perform such workthe expiration or earlier termination of this Lease, Tenant may utilize shall, at Tenant’s expense, remove any Alteration designated by Landlord for removal by notice to Tenant prior to the services expiration or earlier termination of this Lease, and shall repair any other qualified subcontractor which normally and regularly performs similar work in comparable first-classdamage to the Premises or the Building caused by such removal; provided, institutional qualityhowever, office buildings in the San Diegoevent that in Tenant’s request for approval of such Alterations or the “Final Working Drawings” for the “Tenant Improvements,” as those terms are defined in the Tenant Work Letter, California areaattached hereto as Exhibit B, constructed pursuant to the terms of the Tenant Work Letter, as the case may be, Tenant requests a determination by Landlord (the “Designation Notice”) as to whether or not Tenant shall be required to remove such Alteration or Tenant Improvements upon the expiration or earlier termination of the Lease, in accordance with the terms hereof, then Landlord shall include in its consent (if granted) notice as to whether such Alteration or Tenant Improvements shall be required to be removed prior to the expiration or earlier termination of this Lease, and (ii) Landlord corresponding repairs made. If such Alterations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall cause comply with Landlord’s rules and regulations concerning such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor hazardous materials or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)substances. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San DiegoFrancisco, all in conformance with Landlord's Lxxxxxxx’s construction rules and regulations. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the Building, and the public restrooms and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant's ’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego Francisco in accordance with California Section 3093 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "“as built" ” drawings of the Alterations (to the extent such Alterations are of the type and scope for which such plans are typically prepared) as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved selected by Tenant and reasonably app1·oved by Landlord, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early ter1nination of the Lease Te1·1n, provided Landlord shall have notified Tenant at the time of Landlord's consent to the Alteration that such Alteration was subject to such removal requirement and that any Alterations designated for removal by Landlord (which approval (shall be atypical for Comparable Buildings or generally unusable by typical office tenants. As long as indicated the improvements installed in Section 29.4 below) the Premises for Tenant's initial occupancy are typical for Comparable Buildings or generally usable by typical office tenants, no such improvements shall not be unreasonably withheld required to be removed upon expiration or delayed)earlier ter111i11ation of the Lease. In any eventIf Alte1·ations will involve the use of or disturb hazardous materials or substances existing in the Premises, Tenant shall utilize subcontractors of comply with Landlord's selection to perform any rules and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell regulations concerning such hazardous materials or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)substances. Tenant shall construct such all Alterations and perform perfor1n such repairs in conformance a good and workmanlike manner, in confom1ance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permitpennit, issued by the City of San DiegoLos Angeles (if such per1nit is required), all in conformance with Landlord's construction rules and regulations. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises after the Comme11cement Date which require or give rise to completion governmentally required changes to the end ''Base Building," as that the Premises shall te1·m is defined below, then Landlord shall, at all times be a complete unit except during the period of work. In performing the work of any Tena11t's expense, make such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access changes to the Project or any portion thereof by any other tenant of the Project, and so as not to obstruct the business of other tenants in the ProjectBase Building. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant The ''Base Buildil[]lg'' shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations.include

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion, consistent with landlords of Comparable Buildings, may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or (A) the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and reasonably approved by Landlord (which approval except that Landlord may designate the contractors and subcontractors to perform all work affecting the structural components of the Project and/or the Building Systems, (B) the requirement that, subject to the terms of Section 8.4 below, upon Landlord’s request given at the time of any required consent, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and (C) the requirement that all Alterations are of equal or greater quality as indicated compared to the lesser of (i) the Building’s standards established by Landlord or (ii) the then existing improvements located in Section 29.4 below) shall not be unreasonably withheld the applicable portion of the Premises. If such Alterations will involve the use of or delayed). In any eventdisturb Hazardous Materials or substances existing in the Premises, Tenant shall utilize subcontractors of comply with Landlord's selection to perform any ’s Rules and all work that may affect the Building Systems and EquipmentRegulations concerning such Hazardous Materials; provided, structural aspects of the Buildinghowever, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings Hazardous Materials existed in the San Diego, California areaPremises prior to the date Tenant initially took possession thereof, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge the same was not put there by, or on behalf of, any Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirementsParty, Landlord shall have pay any incremental extra costs incurred by Tenant in connection with the option to either pay Alteration resulting from the excess charges presence of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)pre-existing Hazardous Materials. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable applicable Laws and pursuant to a valid building permitpermit (if applicable), issued by the City of San DiegoSanta Xxxxxx, all in conformance with Landlord's ’s reasonable written construction rules and regulations, but so long as Tenant is the sole occupant of the Building, Tenant may perform its construction before, during and after Normal Business Hours so long as Tenant shall be in compliance with applicable Laws. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the Base Building or the Building Systems, then Landlord shall, at Tenant’s expense based on the Actual Cost thereof, make such changes to the Base Building and/or the Building Systems. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of workcompletion. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project or interfere with the labor force working on the Project. In the event that Tenant makes any Alterations, Tenant agrees to carry (or cause its contractor to carry) “Builder’s All Risk” for insurance for the full replacement cost on a completed value basis covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition, in connection with Alterations that (i) require Landlord’s consent thereto pursuant to the terms and provisions of Section 8.1 above and (ii) cost in excess of $15.00 per rentable square foot the Premises in the aggregate, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond, or, at Tenant’s option, some alternate form of security reasonably satisfactory to Landlord, in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee. Tenant shall in all cases comply with Landlord’s “Responsible Contractor Policy” attached hereto as Exhibit B-2. Tenant shall not be required to engage union labor in connection with any Alterations, except to the extent reasonably required by a successor to the originally named Landlord herein. In addition to Tenant's ’s obligations under Article 9 of this Lease, upon completion of any Alterations, at Landlord’s request, Tenant agrees to prepare, and Landlord shall execute if factually correct, and Tenant shall cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego Los Angeles in accordance with California Section 8182 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "“as built" ” drawings of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations. In the event Tenant fails to so record the Notice of Completion as required pursuant to this Section 8.2, then such failure shall not, in and of itself, constitute a default hereunder but Tenant shall indemnify, defend, protect and hold harmless Landlord and the Landlord Parties from any and all loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) in connection with such failure by Tenant to so record the Notice of Completion as required hereunder.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant from a list provided and approved by Landlord (which approval (as indicated provided that Landlord understands and shall take into consideration the fact that Tenant is under a federal contractual obligation to utilize a percentage of small business, but the parties agree that all of Tenant’s contractors, subcontractors, materials, mechanics and materialmen shall in Section 29.4 below) shall not any event be unreasonably withheld or delayedqualified, licensed, and fully insured). In any event, and the requirement that upon Landlord’s request, Tenant shall utilize subcontractors shall, at Tenant’s expense, remove all or part of Landlord's selection to perform such Alterations upon the expiration or any and all work that may affect the Building Systems and Equipment, structural aspects early termination of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above)Lease Term. Tenant shall construct such Alterations and perform such repairs in a good and workmanlike manner, in conformance with any and all Applicable Laws applicable federal, state, county or municipal laws, rules and regulations and pursuant to a valid building permit, issued by the City of San Diegocity in which the Building is located (or other applicable governmental authority), all in conformance with Landlord's ’s construction rules and regulationsregulations as established or modified from time to time, provided such rules and regulations are consistent with the operation of an office space building within a Class A mixed-use project in Xxxxxxxxx/West Las Vegas; provided, however, that prior to commencing to construct any Alteration, Tenant shall meet with Landlord to discuss Landlord’s design parameters and code compliance issues. All work with respect to In the event Tenant performs any Alterations must be done in a good and workmanlike manner and diligently prosecuted the Premises which require or give rise to completion governmentally required changes to the end “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense, make such changes to the Base Building. The “Base Building” shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises shall at all times be a complete unit except during the period of workare located. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof thereof, by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project. Tenant shall not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with the workforce or trades engaged in performing other work, labor or services in or about the Building or the Common Areas. In addition to Tenant's ’s obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant shall deliver to the Project management office Landlord a reproducible copy of the "“as built" ” drawings and CAD files of the Alterations as well as all permits, approvals and other documents issued by any governmental agency in connection with the Alterations.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its sole discretion may reasonably requiredeem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term (upon Tenant's request, Landlord shall specify, at the time of its consent, which Alteration, if any, must be removed upon expiration or early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed), and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all Applicable Laws applicable rules and regulations of any federal, state, county or municipal code or ordinance and pursuant to a valid building permit, issued by the City of San Diego, all Diego in conformance with Landlord's construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Building or Project or any portion thereof the common areas by any other tenant of the Project, and so as not to obstruct the business of Landlord or other tenants in the Project, or interfere with the labor force working in the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 of this Lease immediately upon completion thereof. In addition addition, Landlord may, in its discretion, require Tenant to Tenant's obligations under Article 9 obtain a lien and completion bond or some alternate form of this Lease, upon security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligee. Upon completion of any Alterations, Tenant agrees to shall (i) cause a timely Notice of Completion to be recorded in the office of the Recorder of the County of San Diego County in accordance with California the terms of Section 3093 of the Civil Code Section 3093 of the State of California or any successor statute, and Tenant shall (ii) deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.

Manner of Construction. Landlord may impose, as a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord may reasonably require, including, but not limited to, the requirement that Tenant shall, at Tenant's expense, remove such Alterations upon the expiration or any early termination of the Lease Term, provided Landlord imposed such removal requirement as a condition to consenting to such Alterations when they are installed, and/or the requirement that Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen approved by Landlord (which approval (as indicated in Section 29.4 below) shall not be unreasonably withheld or delayed). In any event, Tenant shall utilize subcontractors of Landlord's selection to perform any and all work that may affect the Building Systems and Equipment, structural aspects of the Building, the Base Shell or Core or exterior appearance of the Building or Common Areas provided that (i) if such subcontractors are unwilling or unable to perform such work, Tenant may utilize the services of any other qualified subcontractor which normally and regularly performs similar work in comparable first-class, institutional quality, office buildings in the San Diego, California area, and (ii) Landlord shall cause such subcontractor selected by Landlord to charge Tenant for such work in an amount equal to the cost that a comparable, first-class, reputable and reliable subcontractor would have charged Tenant if selected pursuant to competitive bidding procedures (and if such subcontractor refuses to meet such pricing requirements, Landlord shall have the option to either pay the excess charges of such subcontractor or to permit Tenant to utilize any other qualified subcontractor which meets the requirements of subsection 8.2(i) above). Tenant shall construct such Alterations and perform such repairs in conformance with any and all Applicable Laws and pursuant to a valid building permit, issued by the City of San Diego, all in conformance with Landlord's construction rules and regulations. All work with respect to any Alterations must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. In performing the work of any such Alterations, Tenant shall have the work performed in such manner so as not to obstruct PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] access to the Project or any portion thereof by any other tenant of the Project, and so as not to obstruct the business of other tenants in the Project. In addition to Tenant's obligations under Article 9 of this Lease, upon completion of any Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Diego in accordance with California Civil Code Section 3093 or any successor statute, and Tenant shall deliver to the Project management office a reproducible copy of the "as built" drawings of the Alterations.