Common use of Manner of Construction Clause in Contracts

Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work). Tenant shall construct such Alterations and perform such repairs in compliance with any and all 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 in which the Building is located, and in conformance with Landlord's construction rules and regulations. 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 work. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of 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 shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building 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 all Alterations (except for Permitted Alterations) or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant, at Tenant's expense, remove such Alterations upon the expiration or earlier termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved selected by Landlord, provided only that contractors, mechanics and materialmen selected by Landlord which shall not be unreasonably withheldreasonably competitive in price with any reputable and qualified contractor, conditioned mechanic or delayed; providedmaterialman selected by Tenant except that Tenant shall be permitted the selection of a reputable, however, Landlord may impose such requirements as Landlord may determine, in its commercially licensed and insured general contractor with reasonable discretion, with respect to any work affecting the structural components approval of the Building or Systems and Equipment (including designating specific contractors to perform such work)Landlord. Tenant shall construct such Alterations and perform such repairs in compliance conformance with any and all 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 in which the Building is locatedappropriate municipal agency or department, and or other governmental agency thereof, in conformance with Landlord's construction rules and regulations. Landlord's approval In performing the work of the plansany such Alterations, 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 work. Tenant shall cause all Alterations to be have the work performed in such manner as not to obstruct access by any person to the Building or Project or the common areasareas for any other tenant of the Building, and as not to obstruct the business of Landlord or other tenants of in the ProjectBuilding, or interfere with the labor force working at in the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligeeBuilding. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building Landlord a reproducible copy of the "as built" drawings of said Alterations and a certificate of occupancy issued by the Alterationscity in which the Premises is located. Tenant agrees that it will not at any time prior to or during the Lease Term, and (iii) deliver to Landlord evidence either directly or indirectly, employ or permit the employment of paymentany contractor, mechanic or laborer, or permit any materials in the Premises, if the use of such contractor, mechanic or laborer or such materials would, in Landlord's reasonable opinion, create any difficulty, strike or jurisdictional dispute with other contractors' affidavits and full and final waivers of all liens for labor, services mechanics or materialslaborers.

Manner of Construction. Landlord may impose, as a condition of its consent to all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned or delayedLandlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable sole and absolute discretion, with respect to any work materially or adversely affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work). Tenant shall construct such Alterations and perform such repairs in compliance with any and all 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 in which the Building is located, and in conformance with Landlord's construction rules and regulations. 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 879352.05/SD374622-00001/3-28-19/MLT/bp -19- GENESIS SSF - TWO TOWER PLACE[Fluidigm Corporation] 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. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations (the estimated cost of which exceeds Two Hundred Fifty Thousand Dollars ($250,000)) and naming Landlord as a co-obligee. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building 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 Lessor may impose, as a condition of its consent to all Alterations (except for Permitted Alterations) or repairs in, of or about the Premises, such requirements as Landlord Lessor in its reasonable sole discretion may deem desirable, including, but not limited to, the requirement that Tenant upon Lessor’s request, Lessee shall, at Lessee’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term and repair any damage done by the removal of such Alterations, or the requirement that Lessee utilize for such purposes only contractors, materials, mechanics and materialmen management selected by Lessee and approved by Landlord Lessor (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord that Lessee shall utilize subcontractors of Lessor’s selection to perform all work that may impose such requirements as Landlord may determineaffect the Project systems and equipment, in its commercially reasonable discretion, with respect to any work affecting the structural components aspects of the Building Project, or Systems and Equipment (including designating specific contractors to perform such work)exterior appearance of the Project or Common Areas. Tenant Lessee shall construct such Alterations and perform such repairs in compliance conformance with any and all 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 in which the Building is located, City of Los Angeles and in conformance with Landlord's Lessor’s construction rules and regulations. Landlord's Any Alterations shall be performed in conformance with plans, specifications and working drawings first approved by Lessor. Lessor’s approval of the plans, specifications and working drawings for Tenant's Lessee’s Alterations shall create no responsibility or liability on the part of Landlord Lessor 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 work. Tenant In performing the work of any such Alterations, Lessee shall cause all Alterations to be have the work performed in such manner as not to obstruct access by any person to the Building or Project or for any other lessee of the common areasProject, and as not to obstruct the business of Landlord Lessor or other tenants of lessees in the Project, or interfere with the labor force working at in the Project. If Tenant In the event that Lessee makes any Alterations, Tenant Lessee agrees to carry "“Builder's ’s All Risk" ” insurance in an amount reasonably approved by Landlord Lessor covering the construction of such Alterations, and such other insurance as Landlord Lessor may reasonably require, it being understood and agreed that all of such Alterations shall be insured by Tenant Lessee pursuant to Article 10 below 9 immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)In addition, Landlord Lessor may, in its discretionif reasonable and non-discriminatory, require Tenant Lessee to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord Lessor in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord Lessor as a co-obligee. Upon completion of any Alterations, Tenant shall (i) Lessee agrees to cause a Notice of Completion to be recorded in the office Office of the Recorder of the county in which the Project is located County of Los Angeles in accordance with Section section 3093 of the Civil Code of the State of California or any successor statute, (ii) statute and Lessee shall deliver to the Building management office of the Building 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 all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned or delayedLandlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable sole and absolute discretion, with respect to any work affecting the structural components of the Building Buildings or Systems and Equipment (including designating specific contractors to perform such work). Tenant shall construct such Alterations and perform such repairs in compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including, without limitation, California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Building is Buildings are located, and in conformance with Landlord's construction rules and regulations. 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 work. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building Buildings or Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably requirerequire consistent with the practices of institutional owners of the Comparable Buildings, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of 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 shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building Buildings 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 (except for Permitted 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 deem desirable, including, but not limited to, the requirement that (i) Tenant utilize for such purposes only contractors, subcontractors, materials, mechanics and materialmen selected by Tenant and reasonably approved by Landlord which shall not be unreasonably withheldLandlord, conditioned (ii) 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 delayed; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable discretion, with respect to any work affecting the structural components early termination of the Building Lease Term, and (iii) all Alterations are of equal or Systems greater quality as compared to the lesser of (A) the Building’s standards established by Landlord and Equipment (including designating specific contractors to perform such work)B) the then existing improvements located in the applicable portion of the Premises. Tenant shall construct such Alterations and perform such repairs in compliance conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Applicable Laws and pursuant to a valid building permitpermit (if applicable), issued by the city in which the Building is locatedCity of Glendale, and all in conformance with Landlord's ’s reasonable non-discriminatory written construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's ’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 work. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the “Base Building,” as that term is defined below, then Landlord shall, at Tenant’s expense based on actual cost, make such changes to the Base Building. The “Base Building” shall include the Base, Shell & Core, the Building Structure and the Building Systems (including the core restrooms) on the floor or floors on which the Premises are located. In performing the work of any such Alterations, Tenant shall cause all Alterations to be have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any person to other tenant of the Building or Project or the common areasProject, and so as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at in the Project. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an amount reasonably approved by Landlord 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 below of this Lease immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)In addition, Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord Landlord, in an amount sufficient to ensure the lien-lien free completion of such Alterations costing in excess of Twenty-Five Thousand Dollars ($25,000.00) and naming Landlord as a co-obligee; provided, however, that the requirements of such lien and completion bond shall not be applicable to the Original Tenant or any Affiliate. Upon In addition to Tenant’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 (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located County of Los Angeles in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building Real Property 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 all Alterations (except for Permitted any Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, including (but not limited to, ) the requirement that Tenant utilize use for such purposes only contractors, materials, mechanics contractors selected by Tenant and materialmen approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed); provided, however, Landlord that Tenant shall use subcontractors of Landlord's selection to perform all work that may impose such requirements as Landlord may determineaffect the Building systems and equipment, in its commercially reasonable discretion, with respect to any work affecting the structural components aspects of the Building Building, or Systems and Equipment (including designating specific contractors to perform such work)exterior appearance of the Building. Tenant shall construct such all Alterations and perform such repairs (including Minor Alterations) in compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance Laws and pursuant to a valid building permit, issued by the city in which the Building is located, City of San Francisco and in conformance accordance with Landlord's construction rules and regulations. Landlord's approval of the Any Alterations shall be performed in conformance with plans, specifications and working drawings for Tenant("Plans") first approved by Landlord. Landlord's Alterations approval of the Plans shall create no responsibility or liability on the Landlord's part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesLaws. 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. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord covering the construction of such AlterationsLandlord, and such other insurance as Landlord may reasonably require. In addition, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 below immediately upon completion thereof. If any Alterations are expected to for projects which will cost in excess of Two more than One Hundred Fifty Thousand Dollars ($250,000.00100,000), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of 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 shall (i) agrees to cause a Notice of Completion to be recorded in the office Office of the Recorder of the county in which the Project is located City and County of San Francisco in accordance with Section 3093 of the California Civil Code of the State of California or any successor statute, (ii) statute and Tenant shall deliver to the Building management office of the Building 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 (except for Permitted Alterations) or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord's request, Tenant utilize for shall, at Tenant's expense, remove such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned Alterations upon the expiration or delayedany early termination of the Lease Term; provided, however, that Landlord may impose such requirements as Landlord may determine, not require Tenant to remove any Alterations which are otherwise consistent with typical tenant improvements in its commercially reasonable discretion, with respect to any work affecting the structural components of the Building biotechnology or Systems and Equipment (including designating specific contractors to perform such work)pharmaceutical industries. Tenant shall construct such Alterations and perform such repairs in compliance a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Building is located, and in conformance with Landlord's construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility located (or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of other applicable 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 workauthority). Tenant shall cause all Alterations to be performed not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in such manner as not to obstruct access by any person to 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 Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligeeCommon Areas. Upon completion of any Alterations, Tenant shall (i) deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. In addition to Tenant's obligations under Article 9, 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 in which the Project is located County of San Mateo in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Building Project 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, 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 all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned or delayedLandlord; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable sole and absolute discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work). Tenant shall construct such Alterations and perform such repairs in compliance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance (including, without limitation, California Energy Code, Title 24) and pursuant to a valid building permit, issued by the city in which the Building is located, and in conformance with Landlord's ’s construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's ’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 work. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "“Builder's ’s All Risk" ” insurance in an a commercially reasonable amount reasonably approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably requirerequire consistent with the practices of institutional owners of the Comparable Buildings, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations costing more than $50,000.00 and naming Landlord as a co-obligee. Upon completion of any Alterations, Tenant shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) deliver to the management office of the Building 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 all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord in its reasonable discretion may deem desirablerequirements, including, but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned or delayed; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable discretion, with respect to any work affecting the structural components of the Building or Systems and Equipment (including designating specific contractors to perform such work)[***]. Tenant shall construct such Alterations and perform such repairs in compliance with any and all 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 in which the Building is located, and in conformance with Landlord's ’s reasonable construction rules and regulations. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's ’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 work. Tenant shall cause all Alterations to be performed in such manner as not to obstruct access by any person to the Building or Project or the common areasProject, and as not to obstruct the business of Landlord or other tenants of the ProjectLandlord, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00)Landlord has reasonable cause therefor, then Landlord may, in its discretion, may require Tenant to obtain a lien and completion bond or some alternate form of 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 shall (i) cause a Notice of Completion to be recorded in the office of the Recorder of the county in which the Project is located in accordance with Section 3093 of the Civil Code of the State of California or any successor statute[***], (ii) deliver to the management office of the Building 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 all Alterations (except for Permitted Alterations) or repairs of the Premises, such requirements as Landlord Landlord, in its reasonable discretion sole discretion, may deem desirable, including, but not limited to, the requirement that upon Xxxxxxxx’s request, Tenant shall, at Tenant’s expense, remove such Alterations upon the expiration or any early termination of the Lease Term, and/or the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen (collectively, “contractors”), materials, space planners, architects and engineers reasonably approved by Xxxxxxxx. Tenant shall immediately cease using any contractor that Landlord which shall determines is not be unreasonably withheldsuitable for the Project, conditioned or delayed; provided, however, Landlord may impose such requirements as Landlord may determine, in its commercially reasonable discretion, with respect to any work affecting the structural components whether because of quality of the Building work or Systems because of any potential or actual adverse impact of such contractor on the Project or on the labor relations between Landlord and Equipment any trade unions (including designating specific contractors to perform such workpicketing or otherwise disrupting tenants or operations at the Project). Tenant shall construct such Alterations and perform such repairs in compliance conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Building Project is located, and in conformance with Landlord's ’s construction rules and regulationsregulations (as the same may be modified by Landlord from time to time and which shall be provided to Tenant upon Tenant’s request therefor). Landlord's approval All direct and indirect costs relating to any modifications, alterations or improvements of the plansProject or the Building, specifications whether outside or inside of the Premises, required by any governmental agency or by law as a condition or as the result of any Alteration requested or effected by Tenant shall be borne by Xxxxxx, and working drawings for in connection therewith, Landlord may elect to perform such modifications, alterations or improvements (at Tenant's Alterations shall create no responsibility ’s sole cost and expense) or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authoritiesrequire such performance directly by Tenant. 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 any such Alterations, Tenant shall cause all Alterations to be have the work performed in such manner so as not to obstruct access to the Project or any portion thereof, by any person to other tenant of the Building or Project or the common areasProject, and so as not to obstruct the business of Landlord or other tenants of in the Project, or interfere with the labor force working at in the Project. If Tenant makes any shall pay to Landlord a percentage of the cost of such Alterations (not to exceed 5% of the so called “hard” costs of construction such Alterations) sufficient to compensate Landlord for all overhead, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord covering the time spent reviewing and approving plans, specifications and construction of drawings, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such Alterations, and such other insurance as Landlord may reasonably requirewithin thirty (30) days of invoice therefor. In addition to Tenant’s obligations under Article 9, it being understood and agreed that all of such Alterations shall be insured by Tenant pursuant to Article 10 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of 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 shall (i) Xxxxxx agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the county in which County where the Project is located in accordance with Section 3093 8182 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the Project management office of the Building 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 (except for Permitted Alterations) or repairs of the Premises or about the Premises, such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the requirement that upon Landlord’s request, Tenant utilize for shall, at Tenant’s expense, remove such purposes only contractors, materials, mechanics and materialmen approved by Landlord which shall not be unreasonably withheld, conditioned Alterations upon the expiration or delayedany early termination of the Lease Term; provided, however, that Landlord may impose such requirements as Landlord may determine, not require Tenant to remove any Alterations which are otherwise consistent with typical tenant improvements in its commercially reasonable discretion, with respect to any work affecting the structural components of the Building biotechnology or Systems and Equipment (including designating specific contractors to perform such work)pharmaceutical industries. Tenant shall construct such Alterations and perform such repairs in compliance a good and workmanlike manner, in conformance with any and all applicable rules and regulations of any federal, state, county or municipal code or ordinance laws, rules and regulations and pursuant to a valid building permit, issued by the city in which the Building is located, and in conformance with Landlord's construction rules and regulations. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility located (or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of other applicable 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 workauthority). Tenant shall cause all Alterations to be performed not use (and upon notice from Landlord shall cease using) contractors, services, workmen, labor, materials or equipment that, in such manner as not to obstruct access by any person to 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 Project or the common areas, and as not to obstruct the business of Landlord or other tenants of the Project, or interfere with the labor force working at the Project. If Tenant makes any Alterations, Tenant agrees to carry "Builder's All Risk" insurance in an amount reasonably approved by Landlord 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 below immediately upon completion thereof. If any Alterations are expected to cost in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), Landlord may, in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien-free completion of such Alterations and naming Landlord as a co-obligeeCommon Areas. Upon completion of any Alterations, Tenant shall (i) deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. In addition to Tenant’s obligations under Article 9, 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 in which the Project is located County of San Mateo in accordance with Section 3093 of the Civil Code of the State of California or any successor statute, (ii) and Tenant shall deliver to the management office of the Building Project 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, and (iii) deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.