Common use of Performance of Improvements Clause in Contracts

Performance of Improvements. Subject to the terms and conditions of the Sublease, the Master Lease, and any Improvement Allowance provided herein, Subtenant shall complete, at its sole cost and expense, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant and Subtenant in accordance with the provisions below (“Subtenant’s Work”). Subtenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other work, if any, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by Xxxxxx, its architect and contractors, Landlord or its property manager. The work to be done by Subtenant in satisfying its obligation to complete Subtenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements (“Preliminary Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 with respect to Xxxxxx’s promulgation and approval of the Subtenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon approval of the Preliminary Subtenant Plan by Tenant, Subtenant shall promptly prepare construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the Subtenant’s Work, if any) for Tenant’s review and approval. The construction documents, once approved, shall then constitute the “Subtenant Improvement Plans.” c. Upon approval by Xxxxxx, Subtenant shall submit the Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, with Xxxxxx’s approval, shall cause to be made any changes in the Subtenant Improvements Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation of any type or nature with respect to the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, suitability, or ability of contractor or the quality of the work or materials supplied or performed with respect to the Subtenant Improvements by contractor, the subcontractors, Subtenant’s agents, or any other person or entity.

Performance of Improvements. Subject (a) Borrower shall construct, erect, undertake and complete or cause to be constructed, erected, undertaken or completed all of the work set forth on Schedule 1 hereto (the "Environmental Improvements") no later than the date set forth opposite such Environmental Improvements. (b) Borrower shall pay for and obtain or cause to be paid for and obtained all permits, licenses and approvals required by all applicable laws with regard to the terms and conditions of the SubleaseEnvironmental Improvements, the Master Leasewhether necessary for commencement, and any Improvement Allowance provided hereincompletion, Subtenant use or otherwise. (c) Borrower shall complete, at its sole cost and expense, the perform or cause to be performed all work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant and Subtenant in accordance connection with the provisions below (“Subtenant’s Work”). Subtenant’s Work shall be performed lien free and Environmental Improvements in a good and workmanlike manner, without interference with other work, if any, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all applicable laws (including, without limitation, any and all environmental laws and reasonable rules promulgated from time to time laws for the handicapped and/or disabled) and with the plans and specifications approved (in writing) by XxxxxxLender covering the same, its architect and contractors, Landlord or its property manager. The work to be done which performance by Subtenant in satisfying its obligation to complete Subtenant’s Work under the Sublease Borrower shall be limited without regard to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements (“Preliminary Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 with respect to Xxxxxx’s promulgation and approval of the Subtenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon approval of the Preliminary Subtenant Plan by Tenant, Subtenant shall promptly prepare construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the Subtenant’s Work, if any) for Tenant’s review and approval. The construction documents, once approved, shall then constitute the “Subtenant Improvement Plans.” c. Upon approval by Xxxxxx, Subtenant shall submit the Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, with Xxxxxx’s approval, shall cause to be made any changes in the Subtenant Improvements Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation of any type or nature with respect to the adequacy or sufficiency of the Subtenant Funds. (d) Borrower covenants and agrees that the Environmental Improvements Plans for any purpose. Tenant makes no warranty shall be constructed, installed or representation completed, as applicable, free and clear of any type and all liens (including mechanic's, materialman's or nature with respect other liens), claims and encumbrances whatsoever subject to Borrower's right to contest as specified in the quality, suitability, or ability of contractor or Mortgage (as defined in the quality Note). (i) to payment of the indebtedness evidenced by the Note and the Loan Documents, and/or (ii) in order to proceed under existing contracts or enter into contracts with third parties to make or complete the Environmental Improvements. Lender shall have the right to enter onto the Mortgaged Property (as defined in the Mortgage) and perform any and all work and labor necessary to make or materials supplied complete the Environmental Improvements and/or employ watchmen to protect the Mortgaged Property from damage. All sums so expended by Lender shall be construed to have been paid to Borrower and shall be secured by the Mortgage. Borrower hereby constitutes and appoints Lender its true and lawful attorney-in-fact with full power of substitution to complete or performed undertake the Environmental Improvements in the name of the Borrower. This power of attorney shall be construed to be a power coupled with respect to the Subtenant Improvements by contractoran interest which cannot be revoked. September 23, the subcontractors, Subtenant’s agents, or any other person or entity.1997 LOS01:48425.3 2

Performance of Improvements. Subject (a) Borrower shall construct, erect, undertake and complete all of the work set forth on Exhibit W hereto (the "REQUIRED REPAIRS") or, with respect to any Additional Property, such work as may be specified in the Engineering Reports delivered to Lender in connection with the initial Subsequent Advance for such Additional Property within one hundred eighty (180) days of the date hereof or the date of such Subsequent Advance; provided however, in the event that Borrower is unable to accomplish same due to events beyond Borrower's control, including, but not limited to the terms unavailability of access due to the rights of tenants in occupancy, such period shall be extended for a period equal to the period that such event prevented compliance herewith by Borrower. (b) Borrower shall pay for and conditions obtain or cause to be paid for and obtained all permits, licenses and approvals required by all applicable laws with regard to the Required Repairs, whether necessary for commencement, completion, use or otherwise. (c) Borrower shall perform or cause to be performed all work in connection with the Required Repairs in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal government or agencies now in force or that may be enacted hereafter and without regard to the sufficiency of the SubleaseRequired Repairs Fund. (d) Borrower covenants and agrees that the Required Repairs shall be constructed, installed or completed, as applicable, free and clear of any and all liens (including mechanic's, materialman's or other liens), claims and encumbrances whatsoever, subject to Borrower's right to contest as specified in this Agreement or the Master LeaseMortgage. (e) Each contractor or subcontractor performing the Required Repairs shall be licensed by the appropriate state agency and bonded. Upon Lender's request, Borrower shall provide written evidence that each contractor and subcontractor meets the requirements of this paragraph. (f) Borrower agrees to pay and discharge all claims for labor done and material and services furnished in connection with the Required Repairs and to diligently file or procure the filing of a valid notice of completion upon completion of the Required Repairs (if required by applicable governmental agencies); provided that Lender makes any Improvement Allowance provided hereinAdvances for Capital Improvements with respect to the applicable Individual Property that Lender is required to make hereunder. (g) If a notice or claim of lien or the like concerning the Property alleging non-payment for Required Repairs performed should be filed, Subtenant recorded, or served upon Borrower or Lender by a contractor or subcontractor, Lender shall completehave the right to retain in the Required Repairs Fund, in lieu of any payment to Borrower then or thereafter due, an amount sufficient to completely satisfy said potential lien. (h) Nothing herein contained shall require Borrower to pay any claims for labor, substances, or services that Borrower in good faith disputes and that Borrower, at its sole cost and Borrower's own expense, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted by Tenant currently and Subtenant diligently contesting in accordance with the provisions below (“Subtenant’s Work”)of this Agreement or the Mortgage. Subtenant’s Work shall be performed lien free and in a workmanlike manner, without interference with other workAdditionally, if anyBorrower, being done in the Subleased Premises, Master Premises, or Property, including any of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by Xxxxxx, its architect and contractors, Landlord or its property manager. The work to be done by Subtenant in satisfying its obligation to complete Subtenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements (“Preliminary Subtenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Plan. Subtenant acknowledges that disputes the timelines need for any Required Repairs set forth in this Section 2 with respect an Engineering Report delivered to Xxxxxx’s promulgation Lender pursuant to SECTION 8.4.1(a), Borrower may procure its own Engineering Report intending to show why such Required Repairs are not necessary and approval of Lender shall reasonably assess such Engineering Report when determining the Subtenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon approval of the Preliminary Subtenant Plan by Tenantneed for, Subtenant shall promptly prepare construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the Subtenant’s Work, if any) for Tenant’s review and approval. The construction documents, once approved, shall then constitute the “Subtenant Improvement Plans.” c. Upon approval by Xxxxxx, Subtenant shall submit the Subtenant Improvements Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals. Subtenant, with Xxxxxx’s approval, shall cause to be made any changes in the Subtenant Improvements Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation of any type or nature with respect to the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, suitability, or ability of contractor or the quality of the work or materials supplied or performed with respect to the Subtenant Improvements by contractorscope of, the subcontractors, Subtenant’s agents, or any other person or entityRequired Repairs.

Performance of Improvements. Subject to the terms and conditions of the this Sublease, the Master Lease, and any Improvement Allowance provided herein, Tenant’s obligations to improve the Subleased Premises shall be limited to the work (“Tenant’s Work”) described below. All other work shall be performed by Subtenant shall complete, at its sole cost and expenseexpense or, the work identified in the Subtenant Improvement Plans (as such term is defined below) adopted if performed by Tenant and Subtenant in accordance with the provisions below (“Xxxxxx, shall be promptly reimbursed by Subtenant’s Work”). SubtenantTenant’s Work shall be performed lien free deemed to be “substantially complete” on the date that Tenant notifies Subtenant that Xxxxxx’s Work is complete, except for punch list items that do not impair the use or operations thereof, would not prevent Subtenant from occupancy and/or performing Subtenant’s Work, and in a workmanlike manner, without interference with other work, if any, being done in the Subleased Premises, Master Premises, or Property, including any except for that portion of Tenant’s Work, and in compliance with all laws and reasonable rules promulgated from time to time by Xxxxxxif any, its architect and contractorswhich cannot be feasibly performed before Subtenant completes Subtenant’s Work, Landlord fixturing, or its property managerdecorating. The work to be done by Subtenant Xxxxxx in satisfying its obligation to complete SubtenantTenant’s Work under the Sublease shall be limited to the following (check one): As identified below (check and describe all that apply); FLOOR: WALLS: CEILING: LIGHTING: WASHROOM(S): ELECTRICAL: HVAC: OTHER: a. Within days (ten (10) days if not filled in) after mutual acceptance of the Sublease, Subtenant shall prepare and submit for Tenant’s review a preliminary sketch of the Subtenant Improvements improvements to be performed by Tenant (“Preliminary Subtenant Tenant Plan”). Tenant and Subtenant shall cooperate in good faith to adopt a mutually acceptable Preliminary Subtenant Tenant Plan. Subtenant acknowledges that the timelines set forth in this Section 2 1 with respect to Xxxxxx’s promulgation and approval of the Subtenant Tenant Improvement Plans (as such term is defined herein) may be subject to reasonable extensions to the extent additional time is necessary to obtain any consent of Landlord that may be required under the Master Lease. b. Upon Xxxxxx’s approval of the Preliminary Subtenant Plan by TenantTenant Plan, Subtenant Tenant shall promptly prepare (or cause to be prepared) construction documents (i.e., those plans used for submittal to the appropriate governmental bodies for all necessary permits and approvals for the SubtenantTenant’s Work, if any) for TenantSubtenant’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. The construction documents, once approved, shall then constitute the “Subtenant Tenant’s Improvement Plans.” c. Upon approval by Xxxxxx, Subtenant Tenant shall submit the Subtenant Improvements Tenant’s Improvement Plans to the appropriate governmental body for plan checking and issuance of necessary permits and approvals, as applicable. Subtenant, with Xxxxxx’s approval, Tenant and Subtenant shall cooperate and use commercially reasonable efforts to cause to be made any changes in the Subtenant Improvements Tenant’s Improvement Plans necessary to obtain such permits and approvals. d. Tenant makes no warranty or representation of ; provided, however, any type or nature with respect costs and expenses resulting from the foregoing changes to Tenant’s Work that exceed the adequacy or sufficiency of the Subtenant Improvements Plans for any purpose. Tenant makes no warranty or representation of any type or nature with respect to the quality, suitability, or ability of contractor or the quality of the work or materials supplied or performed with respect to the Subtenant Improvements by contractor, the subcontractors, Improvement Allowance shall be borne at Subtenant’s agents, or any other person or entitysole cost and expense.