Common use of Performance of Alterations Clause in Contracts

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Performance of Alterations. All The work necessary to make any -------------------------- Alterations shall be installed at Tenant's sole expensedone by contractors approved by Landlord, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and which approval shall not be deemed Tenant's Personal Propertyunreasonably withheld or delayed. If Alterations are, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained with Landlord's written consent to such removal. Landlord may require Tenant to removeconsent, at performed by contractors employed by Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right deliver to request Landlord's written approval (, for its review and approval, which shall not be unreasonably withheld or delayed) that , prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord's review of Tenant's plans, specifications or working drawings shall impose no responsibility or liability on Landlord, and shall not constitute a representation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. Alterations shall be performed subject to any reasonable conditions Landlord will not require may impose, including, without limitation, furnishing Landlord with reasonable security for the removal payment of all costs to be incurred in connection with such Alterations and insurance against liabilities which may arise out of such Alterations, as reasonably determined by Landlord. All Alterations at the expiration performed by Tenant or earlier termination its contractors shall be done in a first-class, workmanlike manner using only good grades of this Leasematerials and shall comply with all insurance requirements and all Laws. Notwithstanding any other provision of this LeaseOther than out-of-pocket costs incurred by Landlord which shall be reimbursed by Tenant upon demand (i.e., consultant fees), Tenant shall be solely responsible for the maintenance and repair of any and permit Landlord to supervise all Alterations made by it at no cost to Tenant if Tenant's employees or contractors perform the PremisesAlterations. Landlord will charge Tenant a supervising fee not to exceed ten percent (10%) of the total cost of the Alterations, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Alterations. Tenant shall give promptly pay to Landlord written notice of and/or to Tenant's intention contractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations, and all supervising fees, and if payment is made directly to perform work on Tenant's contractors, upon completion of the Alterations, Tenant shall deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Tenant covenants and agrees not to suffer or permit any liens to be placed against the Property or the Premises at least ten (10) days prior relating to the commencement of such work to enable Landlord to post any Alterations, and record a Notice of Nonresponsibility or other notice deemed proper before the commencement in case of any such work. Notwithstanding anything to the contrary contained hereinlien attaching or claim thereof being asserted, Tenant shall not be required to remove covenants and agrees no later than thirty (30) days from the filing thereof or such claim being asserted (i) any to cause it to be released and removed of the initial Tenant Improvements constructed by record or on behalf of Tenant, and (ii) any alterationsto provide Landlord, additions with endorsements (reasonably satisfactory to Landlord and Mortgagee) to Landlord and Mortgagee's title insurance policies insuring against that existence of or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, attempted enforcement of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.such

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, performed by a licensed contractor, shall be done Tenant in a good and workmanlike manner conforming according to plans and specifications approved by Landlord in quality and design accordance with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the PremisesSection 8.1(a). All Alterations made shall comply with law and insurance requirements. All Alterations will be performed by qualified contractors that meet Landlord’s reasonable insurance requirements and are otherwise reasonably approved by Landlord. If Landlord does not respond to Tenant’s request for consent to any firm or contractor for Alterations work within 10 days after Landlord receives Tenant’s request then Tenant shall be give to Landlord a reminder notice stating in all-capital bold-faced type, “IF LANDLORD FAILS TO RESPOND TO THIS REMINDER NOTICE OF REQUEST FOR CONSENT TO A FIRM OR CONTRACTOR WITHIN 5 DAYS THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED SUCH REQUEST”, and become the property of if Landlord upon installation and fails to respond to such reminder notice within such 5 days then Landlord shall not be deemed Tenant's Personal Propertyto have approved such request. Once Landlord approves a firm or contractor, and Tenant need not resubmit such firm or contractor for approval for the same project unless Landlord withdraws such approval by giving to Tenant notice, which withdrawal shall state the reasons therefor. Promptly after completing any Alterations requiring Landlord’s consent hereunder, Tenant shall not remove any deliver to Landlord “as-built” Plans for such Alterations from the Premises unless Tenant has first obtained Landlord's written consent to prepared on an AutoCAD Computer Assisted Drafting and Design System (or such removal. other system or medium as Landlord may require Tenant accept) (the “CAD System”), using naming conventions issued by the American Institute of Architects in June, 1990 (or such other naming conventions as Landlord may accept) and magnetic computer media of such record drawings and specifications translated into DFX format or another format acceptable to removeLandlord. Tenant, at Tenant's ’s expense, shall, as and when required, promptly obtain certificates of partial and final approval of such Alterations required by any Alterations from the Premises at the expiration governmental or earlier termination quasi-governmental entity and shall furnish Landlord with copies thereof. Upon completion of this Lease; provided, however, that at the time any Alterations are constructedsuch Alterations, Tenant shall have provide to Landlord copies of all construction contracts, proof of payment for all labor and materials, a copy of the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written recorded notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcompletion, and (ii) any alterationsfinal unconditional waivers of lien from all contractors, additions or improvements for which Tenant has obtained Landlord's consentsubcontractors, but only if at materialmen, suppliers and others having lien rights with respect to such Alterations, in the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termform prescribed by Illinois law.

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at au the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Performance of Alterations. All Alterations shall be installed at (A) Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's ’s expense, prior to the performance of any Alterations from the Premises at the expiration or earlier termination of this Lease; providedAlteration, howevershall obtain all permits, that at the time approvals and certificates required by any Alterations are constructed, Tenant Governmental Authorities in connection therewith. Landlord shall have the right to require Tenant to make all filings with Governmental Authorities to obtain such permits, approvals and certificates using an expeditor designated reasonably by Landlord (provided that the charges imposed by such expeditor are commercially reasonable). Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within ten (10) Business Days after Tenant’s request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within ten (10) Business Days after Tenant’s request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall so execute such applications, as aforesaid, prior to Landlord's written ’s approval of (which or Landlord’s being deemed to have approved) the applicable Alteration (to the extent that this Article 7 requires Tenant to obtain Landlord’s consent to such Alteration), with the understanding, however, that (i) Tenant shall not be unreasonably withheld have any right to commence the performance of the applicable Alteration unless and until Landlord approves (or delayedis deemed to have approved) the applicable Alteration (to the extent that this Article 7 requires Tenant to obtain Landlord’s approval of such Alteration), (ii) Landlord’s so executing such application shall not diminish Landlord’s right to withhold Landlord’s approval of the applicable Alteration (to the extent otherwise permitted under this Article 7), and (iii) if Landlord withholds Landlord’s approval of the applicable Alteration (to the extent otherwise permitted under this Article 7), then Tenant, at Tenant’s cost, shall withdraw such application promptly. Tenant shall reimburse Landlord for any reasonable Out-of-Pocket Costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord will incurs in so executing such applications and cooperating with Tenant, within thirty (30) days after the date that Landlord gives to Tenant an invoice therefor from time to time. (B) Prior to performing any Alteration, Tenant shall maintain on behalf of its contractors (of any tier) and vendors or cause its contractors (of any tier) and vendors to maintain (1) worker’s compensation and disability insurance in amounts not require less than the removal of statutory limits required by Requirements (covering all persons to be employed by Tenant, and Tenant’s contractors, subcontractors, and vendors in connection with such Alterations Alteration); (2) commercial general liability insurance (covering bodily injury including death, personal injury and property damage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($5,000,000) per occurrence and in the annual policy aggregate with respect to general contractors and Three Million Dollars ($3,000,000) per occurrence and in the annual policy aggregate with respect to subcontractors, such policies shall be endorsed to name the Landlord Indemnitees as additional insureds, it being understood that the foregoing insurance shall be required in addition to Tenant’s Liability Policy (the insurance described in this clause (2) is collectively referred to herein as “Contractor’s Liability Policy”); and (3) commercial auto liability insurance, if the contractor or vendor uses a vehicle at the expiration Real Property, covering all vehicles with a minimum combined single limit of One Million Dollars ($1,000,000). The Contractor’s Liability Policy (including any endorsements which are a part thereof) cannot exclude coverage to the Landlord Indemnitees for claims arising out of bodily injury to a contractor’s (of any tier) or earlier termination vendor’s employees if such claim arises during the course of employment (i.e., third party claims). A contractor’s or vendor’s liability shall in no way be limited by the amount of insurance recovery or the amount of insurance in force, or available, or required by any provisions of this Lease. Notwithstanding The limits listed above are minimum requirements only. Tenant shall include in any other agreement that Tenant consummates with a contractor or vendor in either case for a particular Alteration, and Tenant shall cause any contractor to include in any agreement that such contractor consummates with a subcontractor regarding the applicable Alteration, a provision pursuant to which the contractor, subcontractor or vendor agrees to indemnify the Landlord Indemnitees, and hold the Landlord Indemnitees harmless, from and against, any Claim Against Landlord that arises from any wrongful act or wrongful omission of this Leasesuch contractor, such subcontractor or such vendor, and such provision shall state expressly that the Landlord Indemnitees constitute third-party beneficiaries thereof. Prior to the start of any such Alterations and prior to the expiration of any policy, Tenant shall be solely responsible for the maintenance and repair deliver to Landlord certificates of insurance (on a form reasonably acceptable to Landlord) along with copies of endorsements naming Landlord Indemnitees as additional insureds. The liabilities of any contractor or vendor shall survive and all Alterations made not be terminated, reduced or otherwise limited by it any expiration or termination of such insurance coverage. Neither approval nor failure to disapprove insurance furnished by the contractor or vendor shall relieve the contractor, its subcontractors or vendors from responsibility to provide insurance as required herein. (C) Within sixty (60) days after the Substantial Completion of each Alteration (other than Decorative Alterations), Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the Premises. extent required by any Governmental Authority (but if Tenant is diligently pursuing same, then such sixty (60) day period shall give be extended for such reasonable time as is necessary for Tenant to obtain such approvals provided Tenant is diligently pursuing same), (2) furnish Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement with copies of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcertificates, and (ii3) any alterations, additions or improvements give to Landlord copies of the “as-built” plans and specifications for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify such Alterations in writing whichCADD format (or, if anythe applicable Alteration constitutes a Minor Alteration, such other format that is reasonably acceptable to Landlord). (D) All Alterations (other than Decorative Alterations) shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord (to the extent such approval of Tenant's alterations, additions or improvements must Landlord is required under this Article 7). All Alterations shall be made and performed in Landlord's sole discretion accordance with all Requirements and the Rules. All materials and equipment incorporated in the Premises as a result of any Alterations shall be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termfirst-quality.

Performance of Alterations. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove(i) Sublessee, at TenantSublessee's expense, prior to the performance of any Alteration, shall obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Sublessor agrees that Sublessee may perform its Alterations from in accordance with the Premises at self-certification rules and regulations applicable to Alterations in the expiration or earlier termination City of this Lease; providedNew York, however, that at as long as Landlord agrees to same in the time any Alterations are constructed, Tenant Consent Agreement. Sublessor shall have the right to request Landlord's written approval require Sublessee to make all filings with Governmental Authorities to obtain such permits, approvals and certificates using an expeditor selected by Sublessee, Sublessee shall reimburse Landlord and Sublessor for any reasonable out-of-pockets costs, including, without limitation, reasonable attorneys' fees and disbursements, that Landlord or Sublessor incurs in so executing such applications and cooperating with Sublessee, within thirty (30) days after the date that Landlord and/or Sublessor gives to Sublessee an invoice therefor from time to time, provided that such out-of-pockets costs of Sublessor (other than costs of Landlord for which Sublessor is responsible to reimburse Landlord pursuant to the Lease) do not exceed Three Thousand Dollars ($3,000.00) (which amount of Three Thousand Dollars ($3,000.00) shall be adjusted on each anniversary of the Sublease Commencement Date to reflect the percentage increase in the “Consumer Price Index” [as defined in the Lease] from the Consumer Price Index that is in effect on the Sublease Commencement Date). (ii) Prior to performing any Alteration, Sublessee shall maintain on behalf of its contractors (of any tier) and vendors or cause its contractors (of any tier) and vendors to maintain (1) worker's compensation insurance in amounts not less than the statutory limits required by Requirements (covering all persons to be employed by Sublessee, and Sublessee's contractors, subcontractors, and vendors in connection with such Alteration); (2) commercial general liability insurance (covering bodily injury including death, personal injury and property damage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($5,000,000.00) per occurrence and in the annual policy aggregate with respect to general contractors and Three Million Dollars ($3,000,000.00) per occurrence and in the annual policy aggregate with respect to subcontractors, such policies shall be endorsed to name Sublessor and the “Landlord Indemnitees” (as defined in the Lease) as additional insureds; it being understood that the foregoing insurance shall be required in addition to Sublessee's required commercial general liability coverage hereunder (the insurance described in this clause (2) being collectively referred to as "Contractor's Liability Policy") and (3) commercial auto liability insurance, if the contractor or vendor uses a vehicle at the Real Property, covering all vehicles with a minimum combined single limit of One Million Dollars ($1,000,000.00). The Contractor's Liability Policy (including any endorsements which are a apart thereof) cannot exclude coverage to the Sublessor for claims arising out of bodily injury to a contractor's (of any tier) or vendor's employees if such claim arises during the course of employment (i.e., third party claims). A contractor's or vendor's liability shall in no way be limited by the amount of insurance recovery or the amount of insurance in force, or available, or required by any provisions of this Sublease. The limits listed above are minimum requirements only. Sublessee shall include in any agreement that Sublessee consummates with a contractor or vendor in either case for a particular Alteration, and Sublessee shall cause any contractor to include in any agreement that such contractor consummates with a subcontractor regarding the applicable Alteration, a provision pursuant to which the contractor, subcontractor or vendor agrees to indemnify Sublessor, and hold the Landlord Indemnitees harmless, from and against, any “Claim Against Landlord” (as defined in the Lease) that arises from any wrongful act or wrongful omission of such contractor, such subcontractor or such vendor, and such provision shall state expressly that Sublessor constitutes a third-party beneficiary thereof. Prior to the start of any such Alterations and prior to the expiration of any policy, Sublessee shall deliver to Sublessor certificates of insurance (on a form reasonably acceptable to Sublessor) along with copies of endorsements naming Sublessor and Landlord as additional insureds. The liabilities of any contractor or vendor shall survive and not be unreasonably withheld terminated, reduced or delayedotherwise limited by any expiration or termination of such insurance coverage. Neither approval nor failure to disapprove insurance furnished by the contractor or vendor shall relieve the contractor, its subcontractors or vendors from responsibility to provide insurance as required herein. Approval of certificates of insurance by Landlord shall be deemed to be approved by Sublessor if they otherwise meet the requirements of this Section 7(d)(ii). (iii) Within sixty (60) days after the Substantial Completion of each Alteration (other than Decorative Alterations), Sublessee, at Sublessee's expense, shall (A) obtain certificates of final approval for each Alteration to the extent required by any Governmental Authority, (B) furnish Sublessor with copies of such certificates, and (C) give to Sublessor copies of the "as-built" plans and specifications for such Alterations in CADD format (or, if the applicable Alteration constitutes a Minor Alteration, appropriate record drawings or shop drawings therefor), provided that if (I) such certificates cannot be obtained with reasonable diligence during such period of sixty (60) days, (II) Sublessee takes reasonable steps during such period of sixty (60) days to obtain such certificates, and (III) Sublessee prosecutes diligently Sublessee's obtaining such certificates, then such sixty (60) day period shall be extended for such time as is reasonably required to obtain such certificates using diligent efforts to do so. (iv) All Alterations (other than Decorative Alterations) shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord, and as approved by Sublessor to the extent such approval of Sublessor is required under this Section 7. All materials and equipment incorporated in the Sublet Premises as a result of any Alterations shall be first-quality. (v) Sublessor shall request that Landlord will provide to Sublessee the Building services that are reasonably required in connection with the performance of the Initial Alterations, and Sublessee shall pay for the costs thereof to the extent such costs are not require included in Operating Expenses in accordance with Article 2 of the removal of such Alterations Lease at the expiration or earlier termination rates set forth on the schedule attached to the Lease as Exhibit "7.4(E)". Notwithstanding anything herein to the contrary, as provided in Section 5.3(A) of this the Lease, Sublessee shall have no obligation to pay for the consumption of electricity during the performance of the Initial Alterations. (vi) Sublessor shall cooperate with Sublessee to obtain Landlord’s cooperation in exercising the rights afforded to Sublessor under Section 7.4 (F) of the Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it anything herein to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained hereincontrary, Tenant Sublessor shall not be required have the right to remove consent to (i) any the installation and use by Sublessee, at Sublessee's cost and expense, of a temporary crane to be located on the street adjacent to the curtain wall of the initial Tenant Improvements constructed by or on behalf of TenantBuilding facing 15th Street, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at to the time Tenant requested Landlord's consent thereto, Tenant gave Landlord temporary removal of a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration portion of the Termcurtain wall of the Building on the exterior of the Sublet Premises, in each case in connection with Sublessee performing the Initial Alterations, provided that in each case Sublessee obtains, at Sublessee's cost and expense, all approvals and permits required therefor from any “Governmental Authority” (as defined in the Lease) pursuant to any applicable Requirements. Sublessor shall reasonably cooperate with Sublessee in obtaining any such approvals and permits. If Sublessee elects to remove a portion of the curtain wall and obtains the required approvals and permits, as provided above, then Sublessor shall cooperate with Sublessee in causing Landlord to remove the portion of the curtain wall designated by Sublessee and to replace such portion of the curtain wall after such time as Sublessee informs Sublessor and Landlord that the deliveries to the Sublet Premises intended to be performed through such opening in the curtain wall are completed. Such removal and restoration of the curtain wall at Sublessee’s request shall be performed at Sublessee’s sole cost and expense, and Landlord did not notify Tenant Sublessee shall reimburse Sublessor for the reasonable out-of-pockets costs incurred by Sublessor in connection with the removal and restoration of such portion of the curtain wall within twenty thirty (2030) days after Landlord's receipt of such notice Sublessor delivers to Sublessee an invoice therefor, together with reasonable supporting documentation for the charges set forth therein. Sublessee shall ensure that such alterations, additions or improvements must be removed upon the expiration operation of the Termcrane shall (i) be performed in accordance with all applicable Requirements and (ii) not interfere with the occupancy or conduct of its business by the “Ground Floor Tenant” as defined in the Lease.

Performance of Alterations. All Alterations shall be installed (A) Tenant, at Tenant's sole ’s expense, in compliance with all applicable laws, by a licensed contractorprior to the performance of any Alteration, shall obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Landlord shall have the right to require Tenant to make all filings with Governmental Authorities to obtain such permits, approvals and certificates using an expeditor designated reasonably by Landlord (provided that the charges imposed by such expeditor are commercially reasonable). Landlord shall execute any applications for any permits, approvals or certificates required to be done obtained by Tenant in a good and workmanlike manner conforming in quality and design connection with any permitted Alteration (provided that the Premises existing as of the Commencement Date, applicable Requirement requires Landlord to execute such application) within ten (10) Business Days after Tenant’s request from time to time and shall not diminish the value of either the Building or the Premisesotherwise cooperate reasonably with Tenant in connection therewith. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove have the right to require Landlord to so execute such applications prior to the date that Landlord approves the applicable Alteration. Tenant shall reimburse Landlord for any Alterations reasonable Out-of-Pocket Costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in so executing such applications and cooperating with Tenant, within thirty (30) days after the date that Landlord gives to Tenant an invoice therefor from the Premises unless time to time. (B) Prior to performing any Alteration, Tenant has first obtained Landlord's written consent shall also furnish to such removal. Landlord may require Tenant to removeduplicate original policies of, or, at Tenant's expense’s option, any Alterations from certificates of, (1) worker’s compensation insurance in amounts not less than the Premises at statutory limits (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration), and (2) commercial general liability insurance (including property damage and bodily injury coverage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($5,000,000) with respect to general contractors and One Million Dollars ($1,000,000) with respect to subcontractors, naming the expiration or earlier termination of this LeaseLandlord Indemnitees as additional insureds; provided, however, that on each anniversary of the Commencement Date, the aforesaid amounts shall be adjusted to reflect the percentage increase in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date. Landlord acknowledges that Tenant’s contractors and subcontractors may satisfy the liability insurance requirements as set forth in this Section 7.4(B) with an umbrella insurance policy if such umbrella insurance policy contains an aggregate per location endorsement that provides the required level of protection for the Premises. (C) Within thirty (30) days after the Substantial Completion of each Alteration (other than Decorative Alterations), Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the time extent required by any Alterations are constructedGovernmental Authority, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed2) that furnish Landlord will not require the removal with copies of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcertificates, and (ii3) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave give to Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration copies of the Term, “as- built” plans and Landlord did not notify Tenant within twenty specifications for such Alterations in CADD format. (20D) days after All Alterations (other than Decorative Alterations) shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord's receipt . All Alterations shall be made and performed in accordance with all Requirements and he Rules. All materials and equipment incorporated in the Premises as a result of such notice that such alterations, additions or improvements must any Alterations shall be removed upon the expiration of the Termfirst-quality.

Performance of Alterations. All Alterations shall be installed at (A) Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, prior to the performance of any Alteration, shall obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith. Tenant shall make all filings with Governmental Authorities to obtain such permits, approvals and certificates using (i) Archetype Consultants, Inc. or another expeditor selected by Tenant and approved by Landlord in its sole discretion for Tenant's Initial Alterations (it being understood that Milrose Consultants, Inc. shall be deemed to be approved by Landlord) and (ii) an expeditor that Tenant designates and that Landlord approves, which approval Landlord shall not unreasonably withhold, condition or delay, for all other Alterations. Landlord shall execute any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to execute such application) within seven (7) Business Days after Tenant's request from time to time and shall otherwise cooperate reasonably with Tenant in connection therewith. Landlord shall so execute such applications, as aforesaid, prior to Landlord's approval of (or Landlord's being deemed to have approved) the Premises at applicable Alteration (to the expiration or earlier termination extent that this Article 7 requires Tenant to obtain Landlord's approval of this Lease; providedsuch Alteration), with the understanding, however, that (i) Tenant shall not have any right to commence the performance of the applicable Alteration unless and until Landlord approves (or is deemed to have approved) the applicable Alteration (to the extent that this Article 7 requires Tenant to obtain Landlord's approval of such Alteration), (ii) Landlord's so executing such application shall not diminish Landlord's right to withhold Landlord's approval of the applicable Alteration (to the extent otherwise permitted under this Article 7), and (iii) if Landlord disapproves the applicable Alteration, or conditions Landlord's approval of the applicable Alteration on revisions to the plans and specifications for such Alteration (in each case to the extent otherwise permitted under this Article 7), then Tenant, at Tenant's cost, shall withdraw such application promptly or amend such application to reflect the applicable Alteration approved by Landlord. Tenant shall reimburse Landlord for any Out-of-Pocket Costs, including, without limitation, reasonable attorneys' fees and disbursements, that Landlord incurs in so executing such applications and cooperating with Tenant, within thirty (30) days after the date that Landlord gives to Tenant an invoice therefor from time to time. Tenant's architect shall be permitted to self-certify with The New York City Department of Buildings the plans and specifications in respect of Alterations to the extent permitted by applicable Requirements, provided that (a) Tenant's plans for such Alterations have been approved (or deemed approved) by Landlord in accordance with this Article 7 (to the extent that this Article 7 requires Tenant to obtain Landlord's approval of such Alteration) and (b) Tenant uses an expeditor approved by Landlord in accordance with the terms of this Section 7.4(A) with respect to any Alt-1 Application required to be filed in connection with any such Alterations. (B) Prior to performing any Alteration (including, without limitation, the Initial Alterations are constructedpursuant to Section 1.2(C) hereof), Tenant shall have maintain on behalf of its contractors (of any tier) and vendors or cause its contractors (of any tier) and vendors to maintain (1) worker's compensation and disability insurance in amounts not less than the right statutory limits required by Requirements (covering all persons to request Landlordbe employed by Tenant, and Tenant's written approval contractors, subcontractors, and vendors in connection with such Alteration); (which 2) commercial general liability insurance (covering bodily injury including death, personal injury and property damage), in each case in customary form, and in amounts that are not less than Five Million Dollars ($5,000,000) per occurrence and in the annual policy aggregate with respect to general contractors and Three Million Dollars ($3,000,000) per occurrence and in the annual policy aggregate with respect to subcontractors, such policies shall not be unreasonably withheld endorsed to name the Landlord Indemnitees as additional insureds; it being understood that the foregoing insurance shall be required in addition to Tenant's Liability Policy (the insurance described in this clause (2) is collectively referred to herein as "Contractor's Liability Policy"); and (3) commercial auto liability insurance, if the contractor or delayed) that Landlord will not require the removal of such Alterations vendor uses a vehicle at the expiration Real Property, covering all vehicles with a minimum combined single limit of One Million Dollars ($1,000,000). The Contractor's Liability Policy (including any endorsements which are a part thereof) cannot exclude coverage to the Landlord Indemnitees for claims arising out of bodily injury to a contractor's (of any tier) or earlier termination vendor's employees if such claim arises during the course of employment (i.e., third party claims). A contractor's or vendor's liability shall in no way be limited by the amount of insurance recovery or the amount of insurance in force, or available, or required by any provisions of this Lease. Notwithstanding The limits listed above are minimum requirements only. Prior to the start of any other provision such Alterations and prior to the expiration of this Leaseany policy, Tenant shall be solely responsible for the maintenance and repair deliver to Landlord certificates of insurance (on a form reasonably acceptable to Landlord) along with copies of endorsements naming Landlord Indemnitees as additional insureds. The liabilities of any contractor or vendor shall survive and all Alterations made not be terminated, reduced or otherwise limited by it any expiration or termination of such insurance coverage. Neither approval nor failure to disapprove insurance furnished by the contractor or vendor shall relieve the contractor, its subcontractors or vendors from responsibility to provide insurance as required herein. (C) Promptly following Substantial Completion of each Alteration, Tenant, at Tenant's expense, shall (1) obtain certificates of final approval for each Alteration to the Premises. Tenant shall give extent required by any Governmental Authority, (2) furnish Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement with copies of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcertificates, and (ii3) any alterationsother than in respect of Decorative Alterations and Simple Alterations, additions or improvements give to Landlord copies of the "contractor record drawings" for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify such Alterations in writing whichCADD format (or, if anythe applicable Alteration constitutes a Minor Alteration, appropriate record drawings or shop drawings therefor). (D) All Alterations (other than Decorative Alterations and Simple Alterations) shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord (to the extent such approval of Tenant's alterations, additions or improvements must Landlord is required under this Article 7). All Alterations shall be made and performed in Landlord's sole discretion accordance with all Requirements and the Rules. All materials and equipment incorporated in the Premises as a result of any Alterations shall be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termfirst-quality.

Performance of Alterations. All Alterations shall be installed at Tenant's ’s sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's ’s Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's ’s written consent to such removal. Landlord may require Tenant to remove, at Tenant's ’s expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's ’s written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's ’s intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's ’s consent, but only if at the time Tenant requested Landlord's ’s consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's ’s alterations, additions or improvements must in Landlord's ’s sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's ’s receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Performance of Alterations. All Tenant's Alterations permitted hereunder shall be installed at performed by contractors or workmen selected by or otherwise approved by Landlord (which approval shall be deemed given if not objected to by Landlord within fifteen (15) days of its receipt from Tenant of Tenant's sole expensewritten request for and Landlord's approval thereof). Tenant, before its work is started, must: (i) secure all required licenses and permits; (ii) deliver to Landlord a statement of the names of all of its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and (iii) cause each contractor to: (a) carry workmen's compensation insurance in compliance statutory amounts covering all of the contractor's and subcontractor's employees and comprehensive public liability insurance and property damage insurance with such limits as Landlord shall require; and (b) deliver to Landlord certificates of all such insurance. Tenant shall pay promptly when due the entire cost of any work done on the Demised Premises by Tenant, its agents, employees or independent contractors. Prior to paying any contractors and subcontractors for work performed hereunder to the extent permitted by law, Tenant shall obtain lien waivers from such contractors and subcontractors, and shall deliver copies thereof to Landlord. With respect to Alterations or other work permitted or required hereunder in excess of two hundred thousand dollars ($200,000.00) and if Landlord (or any Mortgagee) so requests, Tenant must promptly obtain from Tenant's contractors performing any such work a performance and payment bond covering such contractor's obligations and in which Tenant and Landlord and/or Mortgagee, as applicable, shall be named as dual obligees. After completing any of the work permitted herein, Tenant shall provide Landlord drawings of any such Alterations made by Tenant, which drawings accurately depict the location of all such Alterations. Any such Alteration made by Tenant after such consent shall have been obtained shall be made strictly in accordance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement DateLaws, and all such Alterations shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at or upon the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier sooner termination of this Lease. At Landlord's option, Landlord may require that Tenant remove any such Alteration to the Demised Premises upon the expiration or sooner termination of the Lease and to restore the Demised Premises to the condition prior to such Alteration, all at the expense of Tenant. All such work shall be done by Tenant in a good and workmanlike manner and be diligently performed to completion. Notwithstanding anything herein to the contrary, if any other provision Alteration by Tenant affects the foundation or "footprint" of this Leaseany building, upon completion of such Alteration, Tenant shall be solely responsible for provide Landlord with a then current as-built ALTA survey of the maintenance and repair Demised Premises depicting the location of any and all Alterations made by it the Alteration to the foundation or "footprint" and providing evidence that such Alteration does not encroach upon any easements or setback lines applicable to the Demised Premises. In no event may Tenant shall give Landlord written notice of Tenant's intention to perform work remove or demolish any building or improvement on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the TermDemised Premises.

Performance of Alterations. All Alterations shall be installed at -------------------------- Tenant's sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Performance of Alterations. All The work necessary to make any Alterations requiring Landlord's consent shall be done by employees of or contractors employed by Landlord or, with Landlord's prior written consent, by contractors and subcontractors arranged for by Tenant and approved by Landlord. If Alterations are, with Landlord's consent, performed by contractors employed by Tenant, Tenant shall deliver to Landlord, for its review and approval prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord's review of Tenant's plans, specifications or working drawings shall impose no responsibility or liability on Landlord, and shall not constitute a representation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. In addition, Alterations shall be installed at Tenant's sole expenseperformed subject to all of the following conditions by Tenant and its contractors and subcontractors: insuring against liabilities which may arise out of such Alterations, as determined by Landlord; obtaining necessary licenses and permits; contractor and subcontractor lien waivers; affidavits listing all contractors, subcontractors and suppliers; use of union labor (if Landlord uses union labor); affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the systems and equipment or the structure of the Building; and requirements as to the manner and times in compliance with all applicable laws, which such Alterations shall be done. All Alterations performed by a licensed contractor, Tenant or its contractors shall be done in a good and first-class, workmanlike manner conforming in quality using only new and design with the Premises existing as good grades of the Commencement Date, materials and shall not diminish the value of either the Building or the Premisescomply with all insurance requirements and all Laws. All Alterations made by Tenant shall be permit Landlord to observe and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Propertyinspect all Alterations, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent reimburse Landlord for its actual, reasonable out of pocket costs and expenses payable to third parties and related to such removalobservation and inspection. Tenant shall promptly pay to Landlord may require Tenant and/or to remove, at Tenant's expensecontractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations from Alterations, and if payment is made directly to Tenant's contractors, upon completion of the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructedAlterations, Tenant shall have deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the right to request extent caused by Landlord's written approval (which shall not be unreasonably withheld negligence or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Leasewillful misconduct, Tenant shall be solely responsible for indemnify, defend and hold Landlord and its owners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the maintenance "Landlord Parties") harmless from all claims, causes of action, liabilities, losses, costs, damages, liens and repair of expenses related to any and all Alterations made performed by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by its contractors or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termsubcontractors.

Performance of Alterations. Tenant shall complete all Alterations promptly and in conformity with the standards set forth in this Article. During the performance of any Alterations, Tenant shall carry "Builder's Risk" insurance naming Landlord and Landlord's mortgagee (provided Tenant has received a non-disturbance agreement in the form specified herein from such mortgagee) as additional insureds, in commercially reasonable amounts. All Alterations performed pursuant to this Article shall be installed at Tenant's sole expensedone pursuant to validly issued permits, if required, and in compliance conformity with all applicable lawslaws and ordinances. Tenant shall give Landlord copies of all permits (including occupancy permits) within ten (10) days after request therefor from Landlord. In the event governmental approval is required for any Alterations, by a licensed contractorupon completion of such Alterations, Tenant shall be done in a good and workmanlike manner conforming in quality and design provide Landlord with copies of revised plans for the Premises existing as of the Commencement Datereflecting such Alterations. Landlord shall cooperate with, and shall not diminish the value of either the Building assist, Tenant in all reasonable respects in connection with obtaining any necessary permits and approval from governmental authorities having jurisdiction with respect to any Alteration that Tenant desires to perform in or to the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructed, Tenant shall have the right to request Landlord's written approval (which Landlord shall not be unreasonably withheld obligated to incur any expense (other than Landlord's own administrative expense and overhead) in connection with any such cooperation or delayed) that Landlord will not require the removal of assistance, and provided, further, that, with respect to any such Alterations at that shall require Landlord's consent pursuant to the expiration or earlier termination of this Lease. Notwithstanding any other provision provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has have theretofore obtained Landlord's consent, but only if at the time Tenant requested Landlord's prior written consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.

Performance of Alterations. All The work necessary to make any Alterations requiring Landlord’s consent pursuant to the provisions contained in Section 12.2 hereof (“Major Alterations”) shall be performed by employees or contractors of Landlord, or, with Landlord’s prior written consent, by contractors employed by Tenant and reasonably approved by Landlord. If Major Alterations, are with Landlord consent performed by Tenant’s employees or contractors Tenant shall deliver to Landlord, for its review and approval prior to commencing any such Major Alterations, copies of all contracts and subcontracts related to such Major Alterations, and plans, working drawings and specifications necessary to perform such work. Major Alterations shall be installed at Tenant's sole expenseperformed subject to any conditions reasonable under the circumstances as Landlord may impose, including, without limitation, furnishing Landlord with security for the payment of all costs to be incurred in compliance connection with all applicable lawssuch Alterations and insurance against liabilities which may arise therefrom, as reasonably determined by a licensed contractor, Landlord. All Alterations performed by Tenant or its contractors shall be done in a good and workmanlike manner conforming using only good grades of materials and shall comply with all insurance requirements and all Laws. Tenant shall permit Landlord to review and inspect all Alterations during construction. Tenant shall promptly pay to Tenant’s contractors, when due, the cost of all work and of all decorating required in quality connection with any Alterations, and design with the Premises existing as all supervising fees, and upon completion of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructedAlterations, Tenant shall have deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the right to request extent caused by Landlord's written approval (which shall not be unreasonably withheld ’s gross negligence or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Leasewillful misconduct, Tenant shall be solely responsible for indemnify, defend and hold Landlord and its partners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the maintenance “Landlord Parties”) harmless from all claims, causes of action, liabilities, losses, costs, damages, liens and repair of expenses related to any and all Alterations made performed by it to the PremisesTenant’s employees or contractors. Tenant shall give pay to Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable all reasonable costs and expenses incurred by Landlord to post for Landlord’s review and record a Notice of Nonresponsibility or other notice deemed proper before the commencement approval of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed Major Alterations performed by Tenant’s employees or on behalf of Tenant, and (ii) any alterations, additions or improvements for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify contractors in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termaccordance with this Section 12.3.

Performance of Alterations. All Alterations shall be installed (A) Tenant, at Tenant's sole ’s expense, prior to the performance of any Basic Alteration costing in compliance with all applicable laws, by a licensed contractorexcess of the Minor Alterations Threshold, shall be done obtain all permits, approvals and certificates required by any Governmental Authorities in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property, and Tenant shall not remove any Alterations from the Premises unless Tenant has first obtained Landlord's written consent to such removalconnection therewith. Landlord may shall have the right to require Tenant to removemake all filings with Governmental Authorities to obtain such permits, approvals and certificates using an expeditor designated reasonably by Landlord (provided that the charges imposed by such expeditor are commercially reasonable). Upon the request of Tenant, Landlord shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the applicable Requirement requires Landlord to join in such application) and shall otherwise cooperate with Tenant in connection therewith. Tenant shall reimburse Landlord for any reasonable out-of-pocket costs, including, without limitation, reasonable attorneys’ fees and disbursements, that Landlord incurs in so joining in such applications and cooperating with Tenant, within thirty (30) days after the date that Landlord gives to Tenant an invoice therefor from time to time. (B) Prior to performing any Alteration, Tenant shall also furnish to Landlord duplicate original policies of, or, at Tenant's expense’s option, any Alterations from certificates of, (1) worker’s compensation insurance in amounts not less than the Premises at statutory limits (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration), and (2) commercial general liability insurance (including property damage and bodily injury coverage), in each case in customary form, and in amounts that are not less than Five Million ($5,000,000) Dollars with respect to general contractors and One Million ($1,000,000) Dollars with respect to subcontractors, naming the expiration or earlier termination of this LeaseLandlord Indemnitees as additional insureds; provided, however, that on each anniversary of the Commencement Date, the aforesaid amounts shall be adjusted to reflect the percentage increase in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date. (C) Upon completion of each Alteration requiring Landlord’s consent, Tenant, at Tenant’s expense, shall (1) obtain certificates of final approval for each Alteration to the time extent required by any Alterations are constructedGovernmental Authority upon such form and conditions as set forth in Exhibit 7.4.C hereof, Tenant shall have the right to request Landlord's written approval (which shall not be unreasonably withheld or delayed2) that furnish Landlord will not require the removal with copies of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed by or on behalf of Tenantcertificates, and (ii3) any alterations, additions or improvements give to Landlord copies of the “as-built” plans and specifications for which Tenant has obtained Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify such Alterations in writing whichCADD format (or, if anythe applicable Alteration constitutes a Minor Alteration, appropriate record drawings or shop drawings therefor). (D) All Alterations shall be made and performed substantially in accordance with the plans and specifications therefor as approved by Landlord (to the extent such approval of Tenant's alterationsLandlord is required under this Article 7), additions or improvements must all Requirements and the Rules and terms and conditions as set forth in Landlord's sole discretion Exhibit 7.4.D hereof. All materials and equipment incorporated in the Premises as a result of any Alterations shall be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Termgood quality.

Performance of Alterations. All The work necessary to make any Alterations shall be installed done at Tenant's ’s sole cost and expense, in compliance by employees of or contractors employed by Landlord or, with all applicable lawsLandlord’s prior written consent, by contractors and subcontractors arranged for by Tenant and approved by Landlord. If Alterations are, with Landlord’s consent, performed by contractors employed by Tenant, Tenant shall deliver to Landlord, for its review and approval prior to commencing any such Alterations, copies of all contracts and subcontracts related to such Alterations, and plans, working drawings and specifications necessary to perform such work. Landlord’s review of Tenant’s plans, specifications or working drawings shall impose no responsibility or liability on Landlord, and shall not constitute a licensed contractorrepresentation, warranty or guarantee by Landlord, with respect to the completeness, design, sufficiency or compliance thereof with any Laws. In addition, Alterations shall be performed subject to all conditions that Landlord may impose upon Tenant and its contractors and subcontractors, including without limitation: furnishing Landlord with bonds and other security for the payment of all costs to be incurred in connection with such Alterations; insuring against liabilities which may arise out of such Alterations, as determined by Landlord; obtaining necessary licenses and permits; contractor and subcontractor lien waivers; affidavits listing all contractors, subcontractors and suppliers; use of union labor (if Landlord uses union labor); affidavits from engineers acceptable to Landlord stating that the Alterations will not adversely affect the systems and equipment or the structure of the Building; and requirements as to the manner and times in which such Alterations shall be done. All Alterations performed by Tenant or its contractors shall be done in a good and first-class, workmanlike manner conforming in quality using only new and design good grades of materials and shall comply with the Premises existing as all insurance requirements and all Laws. Tenant shall permit Landlord to supervise all Alterations, and Landlord may charge a supervising fee not to exceed: (a) ten percent (10%) of the Commencement Datetotal cost of the Alterations, including without limitation, all labor and material costs, if Tenant’s employees or contractors perform the Alterations, or (b) fifteen percent (15%) of the total cost of the Alterations, including, without limitation, all labor and material costs, if Landlord’s employees or contractors perform the Alterations. Tenant shall promptly pay to Landlord and/or to Tenant’s contractors, as the case may be, when due, the cost of all work and of all decorating required in connection with any Alterations, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Propertyall supervising fees, and Tenant shall not remove any Alterations from if payment is made directly to Tenant’s contractors, upon completion of the Premises unless Tenant has first obtained Landlord's written consent to such removal. Landlord may require Tenant to remove, at Tenant's expense, any Alterations from the Premises at the expiration or earlier termination of this Lease; provided, however, that at the time any Alterations are constructedAlterations, Tenant shall have deliver to Landlord evidence of payment and full and final waivers of all liens for labor, services or materials. Except to the right to request extent caused by Landlord's written approval (which shall not be unreasonably withheld ’s gross negligence or delayed) that Landlord will not require the removal of such Alterations at the expiration or earlier termination of this Lease. Notwithstanding any other provision of this Leasewillful misconduct, Tenant shall be solely responsible for indemnify, defend and hold Landlord and its owners and their respective officers, shareholders, directors, partners, agents and employees (collectively, the maintenance “Landlord Parties”) harmless from all claims, causes of action, liabilities, losses, costs, damages, liens and repair of expenses related to any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Notwithstanding anything to the contrary contained hereinAlterations, Tenant shall not be required to remove (i) any of the initial Tenant Improvements constructed whether performed by or on behalf under the direction of TenantLandlord, and (ii) whether performed in compliance with this Section 12 or any alterations, additions or improvements for which Tenant has obtained other conditions imposed by Landlord's consent, but only if at the time Tenant requested Landlord's consent thereto, Tenant gave Landlord a written request that Landlord identify in writing which, if any, of Tenant's alterations, additions or improvements must in Landlord's sole discretion be removed upon the expiration of the Term, and Landlord did not notify Tenant within twenty (20) days after Landlord's receipt of such notice that such alterations, additions or improvements must be removed upon the expiration of the Term.