Common use of Performance of Tenant Work Clause in Contracts

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but including any employee or agent of Tenant, performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior approval obtained in connection with each instance of Tenant Work, such approval not to be unreasonably withheld if the proposed contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Work. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant Work shall be performed at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require). It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's reasonable out-of-pocket costs of reviewing proposed Tenant Work and inspecting installation of the same as an additional charge. At all times while performing Tenant Work, Tenant and each Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, comply with all applicable laws, regulations and equal opportunity policies. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's requirements relating to the time and methods for such work, use of delivery elevators and other Building facilities; and Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewith. If any Tenant Independent Contractor uses any Building services or facilities, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemnitees, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several.

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, ) performing any Tenant Work ("“Tenant Independent Contractor"”) shall be subject to Landlord's ’s prior written approval, which approval obtained in connection with each instance of Tenant Work, such approval shall not to be unreasonably withheld if withheld, conditioned or delayed. Once any Tenant Contractor has been approved, then the proposed contractor same may thereafter be used by Tenant until Landlord notifies Tenant that such Tenant Contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workno longer approved. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's ’s risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the (i) insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G Appendix C and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Work, and (ii) if such work, when taken together with any related Tenant Work, for the benefit will cost in excess of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work$100,000.00, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 §12 or any successor statute (or such other protection of Landlord's ’s interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require), in each case for the benefit of Landlord. It shall be a condition of Landlord's ’s approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's ’s certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's ’s reasonable out-of-pocket costs of reviewing proposed Tenant Work and inspecting installation of the same as an additional chargesame, provided such costs are not in excess of three percent (3%) of the cost of the project. At all times while performing Tenant Work, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations regulations, permits and equal opportunity policiespolicies relating to such work of the Town of Lexington. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's ’s requirements relating to the time and methods for such work, use of delivery elevators and other Building facilitiesfacilities (and shall use freight elevators only, and not passenger elevators); and each Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of not interfere or disrupt any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or disharmony, coordination difficulties, and without causing any delays to, or impairing delay or impair any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, of any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewithLandlord. If any Tenant Independent Contractor uses any Building services or facilities, such personsContractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's ’s schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's ’s reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several.

Performance of Tenant Work. The identity (a) Promptly after the issuance of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but including any employee or agent of Tenant, performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior approval obtained in connection with each instance of a building permit for the Tenant Work, such Tenant shall commence and perform the Tenant Work, in order to achieve Substantial Completion of the Tenant Work. Except as provided herein, no deviation from the Construction Documents shall be made by Tenant (other than field changes, substitution of material and other minor changes) except by written change order approved by Landlord (“Change Order”), which approval shall not to be unreasonably withheld if withheld, conditioned or delayed subject to the proposed contractor is an experienced, qualified contractor in the terms of Landlord’s construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth hereinother building rules and regulations. Tenant shall adhere be responsible for the payment of any and all costs to complete the Tenant Work except to the following requirements in performing all extent Tenant Work. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. is entitled to receive Landlord’s Contribution under this Exhibit D. All Tenant Work shall be performed at by Tenant's risk in compliance with all applicable laws, codes ’s Contractor and regulations subcontractors; and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials those subcontractors whose cost of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant work exceeds $25,000.00 shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require). It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably have been approved by Landlord, which approval will not be unreasonably withheld, conditioned or delayed. All subcontractors performing the Tenant Work shall have been deposited with Landlord, that Tenant has provided Tenant's certification be financially sound and able to complete the portion of the insurable value Tenant Work for which they are responsible in a prompt and timely fashion. In the performance of the work in question for casualty insurance purposesTenant Work by Tenant or Tenant’s Contractor, Tenant shall comply with, and that shall cause Tenant’s Contractor and all subcontractors to comply with, the provisions of this Exhibit D. (b) The performance of the other conditions Tenant Work by Tenant or under Tenant’s supervision shall be governed (in addition to the provisions of this Exhibit D) by all covenants, agreements, rules and regulations set forth in the Lease with regard to Alterations, as if such provisions were fully restated herein and expressly made applicable to the performance of the Lease have been satisfied. Tenant shall reimburse Landlord's reasonable out-of-pocket costs of reviewing proposed Tenant Work and inspecting installation of the same as an additional charge. At all times while performing Tenant Work, Tenant and each Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, comply with all applicable laws, regulations and equal opportunity policies. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's requirements relating to the time and methods for such work, use of delivery elevators and other Building facilities; and Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant will enter into one or more construction contracts for the performance of the Tenant Work with the Tenant’s Contractor, and will deliver a true, correct and complete copy of such construction contract(s) to Landlord promptly after execution. (c) The Tenant Work under this Exhibit D may not commence nor may Tenant permit Tenant's Independent Contractors ’s Contractor or any other contractors and/or subcontractors to commence any work until all required contractors (including Tenant’s Contractor) and subcontractor insurance has been obtained, and, if Landlord requests, until such contractor and subcontractor certificates of such insurance have been delivered to Landlord. Such insurance policies shall employ labor name the Landlord, Landlord’s property manager and Landlord’s mortgagee(s) as additional insureds and such other parties as may be reasonably requested by Landlord as additional insureds. Such certificates of insurance shall provide that no material change or cancellation of such insurance coverage shall be undertaken without thirty (30) days’ prior written notice to Landlord of the insurer will make not include such a provision in the certificates, then Tenant shall provide such notice to Landlord. (d) Landlord will, upon reasonable efforts prior notice to work Tenant, have the right to inspect the performance of the Tenant Work by Tenant’s Contractor and any subcontractor(s), and Tenant agrees to cooperate with Landlord to facilitate such inspections, including notifying Landlord prior to any and all government inspections of the Tenant Work so that Landlord’s construction manager can be present for such inspections. Landlord shall not unreasonably interfere with the performance of the Tenant Work during the course of any inspections by Landlord pursuant to this subparagraph but Landlord shall have no liability to Tenant in harmony connection with each other such inspections except to the extent of the negligence or willful misconduct of Landlord or any Landlord Parties and with all other trades subject to the waiver of claims and individuals subrogation set forth in Section 10.5 of this Lease (e) Tenant and its contractor performing work at the Tenant Work shall provide copies of warranties for the Tenant Work and the materials and equipment which are incorporated into the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise Premises in connection therewith. If any Tenant Independent Contractor uses any Building services or facilities, such persons, jointly as well as provide to Landlord all operating and severally with Tenant, shall agree to reimburse Landlord maintenance manuals for the cost thereof based on Landlord's schedule of charges established from time to time (all equipment and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry materials incorporated into the Building, Building and/or Premises as part of the Tenant Work. Tenant shall enforce all such warranties to the extent repairs and/or maintenance is required to be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed performed by Landlord under this Lease on warranted items covered by such person while in the Buildingwarranties. Without limitation, to the same extent as Tenant has so agreed in Section 5.5 all aspects of the Lease to indemnify the Indemnitees, the indemnities of Tenant and each Tenant Independent Contractor Work shall be warranted to be joint free from defects in design and severalworkmanship for a period of not less than one (1) year from Substantial Completion of the Tenant Work.

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, ) performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior written approval, which approval obtained in connection with each instance of Tenant Work, such approval shall not to be unreasonably withheld if or delayed. Once any Tenant Contractor has until been approved, then the proposed contractor same may thereafter be used by Tenant until Landlord notifies that such Tenant Contractor is an experiencedno longer approved, qualified contractor in using reasonable standards and stating with reasonable specificity the construction reason for Landlord's withdrawal of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workits approval. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premisespremises. When any Tenant Work is in progress, Tenant shall cause to be maintained the (i) insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G Appendix D and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory lien xxxx xxxx pursuant xxxsuant to M.G.L. c.254, (S)12 TradeMark)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require), in each case for the benefit of Landlord. It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a lien xxxx xxxx in xx recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of its reasonable estimate of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease Lease, which are Tenant's obligation to perform or for which Tenant is liable under the terms hereof, have been satisfied. Tenant shall reimburse Landlord's reasonable out-of-pocket costs of reviewing proposed Tenant Work reasonably estimated to cost more than $10,000 in any one instance and inspecting installation of the same as an additional chargein a timely manner. At all a times while performing Tenant WorkWork Tenant, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations regulations, permits and equal opportunity policiespolicies relating to such work of the City. In performing Tenant Work, Work each Tenant Independent Contractor shall comply with Landlord's reasonable requirements relating to the time and methods for such work, use of delivery elevators and other Building materially facilities; and each Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of not materially interfere or disrupt any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony disharmony, delay or coordination difficulties, and without causing any delays to, or impairing impair any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, of any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewithLandlord. If any Tenant Independent Contractor uses any Building services or facilities, such personsContractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the actual cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees Indemnities harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several.

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, ) performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior written approval, which approval obtained in connection with each instance of Tenant Work, such approval shall not to be unreasonably withheld if or delayed. Once any Tenant Contractor has been approved, then the proposed contractor same may thereafter be used by Tenant until Landlord notifies Tenant that such Tenant Contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workno longer approved. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G Appendix D and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require). It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided TenantXxxxxx's certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's reasonable out-of-pocket costs of reviewing proposed Tenant Work and inspecting installation of the same as an additional chargesame. At all times while performing Tenant Work, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations regulations, permits and equal opportunity policiespolicies relating to such work of the City. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's reasonable requirements relating to the time and methods for such work, use of delivery elevators and other Building facilities; and each Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of not unreasonably interfere or disrupt any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or disharmony, coordination difficulties, and without causing any delays to, or impairing delay or impair any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, of any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewithLandlord. If any Tenant Independent Contractor uses any Building services or facilities, such personsContractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on LandlordXxxxxxxx's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several.. -67-

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction’s Managing Agent, or any contractor employed by Landlord or Landlord's managing agent’s Managing Agent, but including any employee or agent of Tenant, performing any Tenant Work ("‘Tenant Independent Contractor"”) shall be subject to Landlord's ’s prior approval obtained in connection with each instance of Tenant Work, such approval not to be unreasonably withheld if the proposed contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- first-class office buildings in Greater downtown Boston of comparable quality and otherwise satisfies the requirements set forth hereinin this Lease. Tenant shall adhere to the following requirements in performing all Tenant Work. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant Work shall be performed at Tenant's ’s risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G H and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building Property is otherwise asserted in connection with any Tenant WorkWork (other than as a result of Landlord’s failure to pay the Finish Work Allowance then due to Tenant under Exhibit C), Tenant shall (i) shall cause the same to be discharged by payment or posting filing a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from such notice of contract or lien and from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant’s on-going or subsequent performance of any Tenant Work, shall thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254c. 254, (S)12 § 12 or any successor statute (or such other protection of Landlord's ’s interest in the Building Project against liens as Landlord or Landlord's ’s mortgagee may reasonably require), in each case for the benefit of Landlord and any mortgagee of the Project or any part of it. It shall be a condition of Landlord's ’s approval of any Tenant Work that certificates of such insurance and (and, if required under pursuant to the preceding sentence) foregoing provision, a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's ’s certification of the insurable value of the work Tenant Work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse pay to Landlord's , as an additional charge, Landlord’s reasonable out-of-pocket costs of expenses and charges for reviewing proposed Tenant Work Work, coordinating or supervising construction activities, and inspecting the installation of such work and, if Tenant engages Landlord or its agent to perform construction management services, a construction management fee in accordance with a separate agreement; provided, however, that in no event shall any such action by Landlord or its agent be deemed to create any liability or obligation on the same part of Landlord with respect to the Tenant Work. Tenant shall pay to Landlord, as an additional charge, the costs of electricity and any other services provided by Landlord to the Premises or Tenant or its contractors) in connection with such work. At all times while performing Tenant Work, Tenant and each Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham Boston or any other public authority having jurisdiction, comply with all applicable laws, regulations and equal opportunity policies, including any applicable City of Boston Ordinances and the requirements of the Sale and Construction Agreement dated May 30, 1984, as now and hereafter amended from time to time, recorded at the Suffolk County Registry of Deeds in Book 11349, Page 2. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's ’s reasonable requirements relating to the time and methods for such workTenant Work, use of delivery elevators and other Building Project facilities; and no Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of ever interfere with, or disrupt, any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory mannerProject. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewithLandlord. If any Tenant Independent Contractor uses any Building Project services or facilities, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's ’s schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's ’s reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the BuildingProject, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the BuildingProject, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemnitees, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several. Prior to commencing any Tenant Work, Tenant shall cause each Tenant Independent Contractor (and, if requested by Landlord, each subcontractor) to execute and deliver the Tenant Work Insurance Schedule in the form attached or in such other form as Landlord may from time to time prescribe.

Performance of Tenant Work. The identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction’s Managing Agent, or any contractor employed by Landlord or Landlord's managing agent’s Managing Agent, but including any employee or agent of Tenant, performing any Tenant Work ("“Tenant Independent Contractor"”) shall be subject to Landlord's ’s prior approval obtained in connection with each instance of Tenant Work, such which approval shall not to be unreasonably withheld if withheld, provided that the proposed contractor is an experienced, qualified contractor experienced in the construction of tenant improvements comparable construction projects in comparable major first- first-class high-rise office buildings towers in Greater downtown Boston and complies with the provisions of comparable quality and otherwise satisfies the requirements set forth herein. Article V. Except for Finish Work performed by Landlord for Tenant under Exhibit C, Tenant shall adhere to the following requirements in performing all Tenant Work. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant Work shall be performed at Tenant's ’s risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the (i) insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G H and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, for the benefit of Landlord and any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx lxxx xxxx pursuant to M.G.L. c.254, (S)12 § 12 or any successor statute (or such other protection of Landlord's ’s interest in the Building Project against liens as Landlord or Landlord's ’s mortgagee may reasonably require), in each case for the benefit of Landlord and any mortgagee of the Project or any part of it. It shall be a condition of Landlord's ’s approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx lxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's ’s certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's ’s reasonable out-of-pocket costs of reviewing proposed Tenant Work and inspecting installation of the same as an additional charge. At all times while performing Tenant Work, Tenant and each Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham Boston or any other public authority having jurisdiction, comply with all applicable laws, regulations and equal opportunity policies, including any applicable City of Boston Ordinances and the requirements of the Sale and Construction Agreement dated May 30, 1984, as now and hereafter amended from time to time, recorded at the Suffolk County Registry of Deeds in Book 11349, Page 2. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's ’s requirements relating to the time and methods for such work, use of delivery elevators and other Building Project facilities; and no Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of ever interfere with, or disrupt, any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory mannerProject. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's ’s Independent Contractors contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's ’s Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building adjoining Central Artery/Third Harbor Tunnel Project of the Massachusetts Department of Public Works (“Artery Project”) and shall use due diligence to resolve any job actions and/or labor disputes that may arise with construction contractors on the Artery Project. In addition, if the site of any job action and/or labor dispute, such as picketing, concerning the Tenant Work occurs where the presence of pickets at an entrance to the Project interferes with construction of those segments of the Artery Project adjoining the Project, then Tenant and Tenant’s Independent Contractors, in connection therewithconsultation with Landlord, shall identify and designate other entrances to the Project as those to be used by persons who are the subject of the job action and/or labor dispute. If any Tenant Independent Contractor uses any Building Project services or facilities, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's ’s schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's ’s reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the BuildingProject, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the BuildingProject, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemnitees, the indemnities of Tenant and each Tenant Independent Contractor to be joint and several.

Performance of Tenant Work. The In the case of (a) any -------------------------- Tenant Work requiring Landlord's approval of such Work, or (b) any Tenant Work affecting any structural, mechanical or electrical systems of the Building, the identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any general contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, Tenant acting as a general contractor) performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior approval obtained in connection with each instance of Tenant Work, such which approval shall not to be unreasonably withheld if withheld. Once any Tenant Contractor has been approved, then the proposed contractor same may thereafter be used by Tenant until Landlord reasonably notification notifies Tenant that such Tenant Contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workno longer approved. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal reasonably comparable in quality to the other parts of the Premises. When any Tenant Work is in progress, progress Tenant shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G C and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, Work for the benefit of Landlord and in any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless naming Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require)an additional insured thereunder. It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, carrying an A.M. Best (or successor rating agency) rating of A-VII or better shall have been deposited with delivered to Landlord, that Tenant has provided Tenant's certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. To the extent outside expertise is reasonably required by Landlord, Tenant shall reimburse Landlord's actual and reasonable out-of-pocket costs third party expenses incurred in connection with Landlord's review of reviewing any proposed Tenant Work and inspecting installation of the same as an additional chargesame. At all times while performing Tenant Work, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations and equal opportunity policies. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's requirements permits relating to the time and methods for such work, use of delivery elevators and other Building facilities; and Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (be required by Tenant to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewith. If any Tenant Independent Contractor uses any Building services or facilities, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees harmless from any claim, loss or expense arising in whole or in part out of any negligent or wrongful act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Tenant's Contractor to be joint and several.

Performance of Tenant Work. The In the case of (a) any Tenant Work pursuant to subsection 3.2.1 hereof, requiring Landlord's approval of such Work, or (b) any Tenant Work affecting any structural, mechanical or electrical systems of the Building, the identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any general contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, Tenant acting as a general contractor) performing any Tenant Work ("Tenant Independent Contractor") shall be subject to Landlord's prior approval obtained in connection with each instance of Tenant Work, such which approval shall not to be unreasonably withheld if withheld. Once any Tenant Contractor has been approved, then the proposed contractor same may thereafter be used by Tenant until Landlord reasonably notifies Tenant that such Tenant Contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workno longer approved. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal reasonably comparable in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the such Tenant Work insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G and such other insurance as may shall be reasonably required by Landlord covering covering, among other things, any additional hazards due to such Tenant Work, Work for the benefit of Landlord and in any mortgagee of the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant Work, Tenant shall (i) cause the same to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless naming Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require)an additional insured thereunder. It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts New Hampshire and reasonably approved by Landlord, carrying an A.M. Best (or successor rating agency) rating of A-VII or better shall have been deposited with delivered to Landlord, that Tenant has provided Tenant's certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's reasonable out-of-pocket costs third party expenses incurred in connection with Landlord's review of reviewing any proposed Tenant Work and inspecting installation of the same as an additional chargesame. At all times while performing Tenant Work, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations and equal opportunity policies. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's requirements permits relating to the time and methods for such work, use of delivery elevators and other Building facilities; and Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or coordination difficulties, and without causing any delays to, or impairing any guaranties, warranties or obligations (be required by Tenant to the extent Tenant has received notice thereof) of, any contractors of Landlord or any other tenant. Tenant and Tenant's Independent Contractors shall manage all labor relations, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewith. If any Tenant Independent Contractor uses any Building services or facilities, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees (as hereinafter defined) harmless from any claim, loss or expense arising in whole or in part out of any negligent or wrongful act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Tenant's Contractor to be joint and several.

Performance of Tenant Work. The If the Tenant Work is required to be approved by Landlord as provided in Section 3.2.1, then the identity of any person or -------------------------- entity other than Landlord, Landlord's managing agent, Xxxxxx Construction, or any contractor employed by Landlord or Landlord's managing agent, but (including any employee or agent of Tenant, ) performing any Tenant Work ("“Tenant Independent Contractor"”) shall be subject to approved in advance by Landlord's prior approval obtained in connection with each instance of Tenant Work, such approval not to be unreasonably withheld if withheld, conditioned or delayed. Once any Tenant Contractor has been approved, then the proposed contractor same Contractor may thereafter be used by Tenant until Landlord notifies Tenant that such Tenant Contractor is an experienced, qualified contractor in the construction of tenant improvements in comparable major first- class office buildings in Greater Boston of comparable quality and otherwise satisfies the requirements set forth herein. Tenant shall adhere to the following requirements in performing all Tenant Workno longer approved. Tenant shall procure all necessary governmental permits, licenses and approvals before undertaking any Tenant Work. All Tenant shall perform all Tenant Work shall be performed at Tenant's ’s risk in compliance with all applicable laws, laws and codes and regulations and in a good and workmanlike manner employing new (or, with Landlord's prior approval, other) materials of good quality and producing a result at least equal in quality to the other parts of the Premises. When any Tenant Work is in progress, Tenant shall cause to be maintained the insurance as described in the Tenant Work Insurance Schedule attached hereto as Exhibit G B and such other insurance as may be reasonably required by Landlord covering any additional hazards due to such Tenant Work, and, if the value of such Work exceeds the Threshold Amount also such bonds or other assurances of satisfactory completion and payment as Landlord may reasonably require, in each case for the benefit of Landlord Landlord. All public liability insurance required in Exhibit B shall name Landlord, Landlord’s Adviser, Property Manager and mortgagees as additional insureds, shall contain waivers of subrogations in favor of all insureds and shall be primary coverage as to any mortgagee of other coverage maintained by any such additional insured. Prior to commencing any work within the Building or any part of it. In the event that a notice of contract is recorded or a lien against the Land or the Building is otherwise asserted in connection with any Tenant WorkPremises, Tenant shall (i) cause deliver to Landlord certificates of all insurance referred to above. If the same Tenant Work is required to be discharged by payment or posting a bond within ten (10) days after Tenant has notice (from any source) thereof, (ii) shall reimburse, indemnify and hold harmless Landlord for, from and against all loss, cost, and expenses arising from any failure timely to cause the discharge under clause (i), and (iii) if Landlord so requests with respect to future Tenant Work, thereafter obtain and furnish to Landlord a statutory xxxx xxxx pursuant to M.G.L. c.254, (S)12 or any successor statute (or such other protection of Landlord's interest in the Building against liens as Landlord or Landlord's mortgagee may reasonably require). It shall be a condition of Landlord's approval of any Tenant Work that certificates of such insurance and (if required under the preceding sentence) a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by LandlordLandlord as provided in Section 3.2.1, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse Landlord's ’s reasonable out-of-pocket costs of reviewing the proposed Tenant Work and inspecting installation of the same as an additional chargesame. At all times while performing Tenant Work, Tenant and each shall require any Tenant Independent Contractor shall not discriminate against any individual because of race, color, sex, religion or national origin, and will, as may be required by the City of Waltham or any other public authority having jurisdiction, to comply with all applicable laws, regulations and equal opportunity policies. In performing Tenant Work, each Tenant Independent Contractor shall comply with Landlord's requirements relating to the time and methods for such work, use of delivery elevators and other Building facilities; and Tenant Independent Contractor shall use reasonable efforts to limit interference and disruption of any other tenant or other person using the Building. Landlord shall impose such requirements on tenants' work and use of Building facilities in a non-discriminatory manner. Each Tenant Independent Contractor shall in all events work on the Premises without causing labor disharmony or disharmony, coordination difficulties, and without causing any delays to, or delay to or impairing of any guaranties, warranties or obligations (warranties, damage to the extent Tenant has received notice thereof) of, any contractors Building or damage to the work of Landlord or any other tenantcontractor. Tenant and Tenant's Independent Contractors shall manage all labor relationsshall, trade disputes and employment-related matters concerning Tenant Work with a view toward maintaining labor harmony and the efficient and timely progress of Tenant Work. Without limitation, Tenant and Tenant's Independent Contractors shall employ labor that will make reasonable efforts to work in harmony with each other and with all other trades and individuals performing work at the Building and shall use due diligence to resolve any job actions and/or labor disputes that may arise in connection therewith. If any cause each Tenant Independent Contractor uses any Building services or facilitiesand its subcontractors to, such persons, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant Independent Contractor shall, by its entry into the Building, be deemed to have agreed to indemnify and hold the Indemnitees (described in Section 5.1.5) harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person persons while in on the Building, Premises to the same extent as Tenant has so agreed in Section 5.5 of the Lease to indemnify the Indemniteesthis Lease, the indemnities of Tenant and each Tenant Independent Contractor and its subcontractors to be joint and several.. No delay or failure to perform or complete any Tenant Work, including the Tenant’s Initial Construction, shall affect the Term Commencement Date, the Rent Commencement Date or any obligation of Tenant. Tenant, at Tenant’s expense, shall perform all Tenant Work considered necessary or desirable by Tenant to make the Premises ready for Tenant’s occupancy (“Tenant’s Initial Construction”) other than, if any, the Landlord Work described in Section 3.1, all such Tenant Work to be accordance with the provisions of this Section and Exhibit E. So long as no default by Tenant has occurred continuing beyond any applicable notice and cure period, Landlord shall provide the Tenant Improvement Allowance to Tenant described in Section 1.1 in accordance with the provisions of Exhibit E.