Common use of Performance of the Work Clause in Contracts

Performance of the Work. (a) Developer shall cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the Work, and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution of the Work. (c) Developer shall take reasonable precautions to protect from damage caused by the Work, property adjacent to or in close proximity to the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDC. (d) Developer shall confine the equipment, apparatus, materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. (a) The Developer shall cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for procure all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the necessary Approvals before undertaking any Work, and shall obtaincause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or use all reasonable efforts to cause Contractors and/or all Consultantsinconvenience caused by the Project, as applicable, to obtain, all licenses or other authorizations necessary and (iii) make adequate provision for the prosecution safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Work. Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) Developer shall take reasonable precautions to protect from damage caused by the Workall contractors, property adjacent to or in close proximity subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDCProject. (d) Developer shall confine the equipment, apparatus, materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. (a) Developer Tenant shall cause Contractor(s) to: (1) Provide, furnish perform the Eighteenth Floor Work at Tenant's sole cost and maintain at its expense during the construction period expense. Prior to commencing any part of the Casino Complex an appropriate separate facility located at the project area for use by the PM Eighteenth Floor Work, Tenant shall submit to Owner complete plans and the PM's staff as a field office. Developer shall pay or reimburse EDC specifications for the reasonable cost of furnishing and equipping such facility Eighteenth Floor Work for the PM and the PMOwner's staffapproval. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services Owner's approval of the PM Eighteenth Floor Work shall not be unreasonably withheld or delayed and shall not be deemed to be an agreement by Owner that the PM's staff, to the extent the PM plans and PM's staff are providing services to the Developmentspecifications comply with applicable legal requirements. The EDC plans and Developer specifications shall agree no later than be prepared by an architect licensed in the Closing Date on State of New York. The Eighteenth Floor Work shall be performed in a written budget for good and workmanlike manner in accordance with the PM approved plans and the PM's staff. (2) Deliver to the PM copies of the temporary specifications and final certificates of occupancy for the Casino Complexapplicable legal requirements. (b) Developer Tenant shall give all notices and comply, and shall use abide by all reasonable efforts to cause Contractor rules and all Consultants to comply, regulations prescribed by Owner with all Governmental Requirements applicable respect to the Work, delivery of materials and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution performance of the Eighteenth Floor Work. Tenant shall be responsible for any damage caused to the Building by Tenant's agents, employees, contractors or subcontractors. The provisions of Rider Section 49 of the Lease shall apply with respect to the performance of the Eighteenth Floor Work. (c) Developer shall take reasonable precautions to protect from damage caused by Upon completion of the Eighteenth Floor Work, property adjacent Tenant shall deliver to or in close proximity to Owner a complete and detailed list of the Development costs and shall be responsible expenses incurred by Tenant for damage or injury to adjacent public the Eighteenth Floor Work and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes two (2) sets of "as built" plans and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to specifications for the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDCEighteenth Floor Work. (d) Developer Owner shall confine be entitled to inspect the equipment, apparatus, materials and supplies of Developer, Eighteenth Floor Work as the Contractor(s), work progresses. The Eighteenth Floor Work shall be subject to Owner's approval with respect to whether the Architect(s), Consultants, subcontractors and all employed by them Eighteenth Floor Work conforms to the limits approved plans and specifications and applicable legal requirements and whether the work was performed in a good and workmanlike manner. Owner's approval shall not be unreasonably withheld. Tenant shall correct any defects or deficiencies in the Eighteenth Floor Work. Notwithstanding the provisions of the Project Site Lease, during the Term, Tenant shall be responsible for all repairs of any portion of the Eighteenth Floor Work including any repairs to any heating, ventilating and air conditioning installations or equipment installed by Tenant as otherwise permitted by law or Permitspart of the Eighteenth Floor Work. The parties hereby confirm that the Owner shall be responsible for the repair of the heating, ventilating and air-conditioning unit located on the eighteenth (18th) floor on the date of this Agreement. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance Upon substantial completion of the Eighteenth Floor Work, Tenant shall deliver to Owner reasonably satisfactory evidence that the Eighteenth Floor Work has been paid for in full, no mechanic's liens have been filed, all contractors and City agrees to provide, if available to subcontractors have delivered the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Workappropriate waiver of liens and all governmental approvals and signoffs have been obtained.

Performance of the Work. (a) ‌ The Developer shall cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for procure all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the necessary Approvals before undertaking any Work, and shall obtaincause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or use all reasonable efforts to cause Contractors and/or all Consultantsinconvenience caused by the Project, as applicable, to obtain, all licenses or other authorizations necessary and (iii) make adequate provision for the prosecution safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Work. Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) Developer shall take reasonable precautions to protect from damage caused by the Workall contractors, property adjacent to or in close proximity subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDCProject. (d) Developer shall confine the equipment, apparatus, materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. (a) Developer shall cause Contractor(s) to: Prior to the commencement of any Tenant Change (1) Provideother than painting, furnish carpeting, wall covering and maintain similar minor decorative changes), Tenant, at its expense expense, shall on Business Days during the Business Hours require Tenant's general contractor and all subcontractors to verify on-site dimensions and existing conditions and to attend a pre-construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PMmeeting with Landlord's staff as a field office. Developer shall pay construction or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, building manager to determine suitable access routes to the extent the PM Premises, designated loading, unloading and PM's staff are providing services to the Development. The EDC storage areas for materials, working hours, temporary utilities, safety precautions and Developer shall agree no later than the Closing Date on a written budget for the PM procedures, rubbish removal and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complexscheduling procedures. (b) Developer Tenant shall give cause such Tenant Change to be performed (i) in compliance with all notices Legal Requirements and complyInsurance Requirements and in compliance with Landlord's Construction Rules and Regulations, (ii) in such manner as not to unreasonably interfere with or delay, or impose any additional expense upon Landlord in the maintenance or operation of the Building (unless Tenant shall agree to reimburse Landlord for such expense) and so as not to cause labor problems in the Building, (iii) with diligence and continuity to completion, and (iv) substantially in accordance with the Final Working Drawings submitted to and approved by Landlord. Landlord shall use all reasonable efforts be under no obligation to cause Contractor coordinate Tenant's work or prepare the Premises therefor and all Consultants to comply, Landlord shall have no liability with all Governmental Requirements applicable respect to the Workinstallation thereof. Subject to the Construction Rules and Regulations with respect to the manner of performance of such Tenant Changes, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that Tenant shall obtain, or use all furnish Landlord with reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution advance notice of the Workperformance of any such Tenant Change. In the case of any conflict or inconsistency between the provisions of this Lease and any of the Construction Rules and Regulations, the provisions of this Lease shall control. (c) Developer If the connection of any utilities, fittings or fixtures of Tenant shall take reasonable precautions to protect from damage caused by require a temporary shut-down of any Building system or service or shall interfere with Building operations or the Workuse of any other portion of the Building, property adjacent to or in close proximity to then the Development same shall be coordinated with Landlord and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operationsperformed only with Landlord's prior consent, which consent shall not be unreasonably withheld. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by DeveloperTenant shall, at its own expense, perform the connection work other than with respect to substantially the condition which existed immediately before fire alarm and life safety systems. Landlord, at Tenant's reasonable expense, shall perform such damage. In case of failure on the part of Developer to restore shut-down work itself or take steps to restore and diligently prosecute have such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDCwork performed by third-party contractors at commercially reasonable rates. (d) Developer shall confine the equipment, apparatus, materials and supplies If by reason of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of any Tenant Change any work stoppage or labor disruption or dispute shall occur at or affecting the WorkBuilding (other than any work stoppage or labor disruption or dispute affecting only the Premises), Landlord and Tenant shall mutually cooperate to remedy the same, provided that Tenant shall cease the performance of such Tenant Change during the continuance of such work stoppage or labor disruption or dispute (unless such work stoppage or labor disruption or dispute affects only the Premises). Landlord agrees to use reasonable efforts to enforce provisions contained in other leases of space at the Building which are similar to the provisions of the preceding sentence in a uniform manner and Landlord shall not enforce the provisions of this subparagraph in a manner which discriminates against Tenant. If by reason of the performance of any Tenant Change there shall be any material interference with the use and enjoyment of the Premises demised to any other tenant or occupant in the Building or if the Premises or the Building (or any work or installations in either) shall be damaged or if the performance of such Tenant Change shall otherwise interfere with the use or occupancy of any part of the Building, Tenant shall upon Landlord's request remedy or remove the condition or conditions complained of. Notwithstanding anything to the contrary contained in this Section 15.6(d), Landlord and Tenant agree that if in connection with Tenant's initial move into the Building any work stoppage or labor disruption or dispute shall occur at or affecting the Building, Tenant shall not be required to cease such initial move into the Building provided that (i) Tenant shall cause such move to be completed as expeditiously as possible, and City agrees (ii) Landlord and Tenant shall mutually cooperate to provide, if available to the City without cost, the necessary temporary easements remedy such work stoppage or other rights subject to its reasonable approval. Any delay in providing labor disruption or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Workdispute.

Performance of the Work. (a) Developer shall cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's PM s staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's PM s staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM's PM s staff, to the extent the PM and PM's PM s staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the Work, and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution of the Work. (c) Developer shall take reasonable precautions to protect from damage caused by the Work, property adjacent to or in close proximity to the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDC. (d) Developer shall confine the equipment, apparatus, materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. (a) Developer shall cause Tenant or the Contractor(s) toshall: (1) Perform all of the Work. (2) Perform the Work in accordance with the true intent and meaning of the Construction Documents. (3) Select the means and methods of construction, provided that only adequate and safe procedures, methods, structures and equipment shall be used. (4) Provide all scaffolding, hoists, or any temporary structures, light, heat, power, toilets and temporary connections, as well as all equipment, tools and materials and whatever else may be required for the proper performance of the Work. (5) Order and have delivered all materials at such times and in such quantities as will ensure the orderly progress of the Work, and be responsible for all materials so delivered to remain in good condition. (6) Collect all paper, cartons and other debris caused by the performance of the Work or by their personnel and periodically remove same from the Project Area. (7) Furnish all materials new unless stated otherwise; and, when materials are specified to conform to a standard, the materials delivered to the Project Area shall meet such standards, except that such substitutions, when approved, may be used. (8) Provide, furnish and maintain at its expense the Project Area a field office with a telephone during the construction period of construction in which an authorized officer, employee or agent shall be reasonably accessible during regular business hours, and where copies of the Casino Complex an appropriate separate facility located at the project area for use by the PM Construction Documents and the PM's staff all Progress Reports (as a field officehereinafter defined) shall be kept. Developer Tenant shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC incurred by the RDC for the services of the PM RDC Project Manager and the PM's his staff, furnishing an office to the extent RDC Project Manager, and monitoring each Phase of the PM and PM's staff are providing services Development (collectively, the "RDC Project Manager Expenses") according to the Developmentfollowing schedule: (A) Phase I and II Construction. The EDC and Developer Commencing on the Execution Date, Tenant shall agree no later than the Closing Date on a written budget pay to RDC an amount not to exceed Two Hundred Forty-Eight Thousand Four Hundred Ninety-Six Dollars ($248,496) for the PM RDC Project Manager Expenses incurred by the RDC in connection with the Substantial Completion of the Phase I and II Construction; provided that, if the PM's staffperiod from the date RDC issues and delivers to Tenant a Notice to Proceed for the Phase I and II Construction until Substantial Completion of the Phase I and II Construction shall exceed twelve (12) months other than as a result of cessation of work caused by the sole fault of RDC or the City, Tenant shall pay RDC the RDC Project Manager Expenses in an amount not to exceed Twenty Thousand Seven Hundred Eight Dollars ($20,708) (or a pro rated portion thereof for any partial month) for each month in excess of said twelve (12) months; (B) Period From Substantial Completion until Final Completion of Phase I and II Construction. Tenant shall reimburse RDC for the RDC Project Manager Expenses incurred by RDC in the period following Substantial Completion of the Phase I and II Construction until the earlier of Final Completion of the Phase I and II Construction or ninety (90) days after Substantial Completion of the Phase I and II Construction in an amount not to exceed Ten Thousand Three Hundred Fifty-Four Dollars ($10,354) per month (or a pro rated portion thereof for any partial month) for each month during such period. (2C) Deliver Second Floor Tenant Build-Out. Tenant shall reimburse RDC for the RDC Project Manager Expenses incurred by RDC for the period of tenant improvements and build-out on the second floor of the Casino for a duration and in amounts to be agreed upon by RDC and Tenant prior to the PM copies commencement of any such tenant improvements and build-out on the second floor of the temporary and final certificates of occupancy for the Casino ComplexCasino. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the Work, and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution of the Work. (c) Developer shall take reasonable precautions to protect from damage caused by the Work, property adjacent to or in close proximity to the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be necessary, and the cost thereof shall be immediately due and payable to EDC. (d) Developer shall confine the equipment, apparatus, materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to the limits of the Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance of the Work, and City agrees to provide, if available to the City without cost, the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the City without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. (a) Developer Within seven (7) calendar days after being awarded the Contract, the Contractor shall cause Contractor(s) toprepare and submit for the City's approval: (1) ProvideA Construction Schedule for the Work, furnish which shall indicate the target dates for starting and maintain at its expense during completing the construction period various stages of the Casino Complex an appropriate separate facility located at Work and which shall comply with the project area for use by the PM and the PM's staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's stafftimes set forth in Article III. (2) Deliver A Traffic Control Plan indicating the location of all proposed signage, detours, and lane closures requested for the Work and which adequately address and maintain the pedestrian and vehicular traffic during the Work. All traffic control shall be according to the PM copies standards of the temporary and final certificates Manual on Uniform Traffic Control Devices (MUTCD) developed by the Federal Highway Administration, as referenced in Article I of occupancy for this Agreement. (3) Proof of compliance with all insurance requirements, acceptable to the Casino ComplexCity. (4) All required bonds. (5) Any missing bid documents. (b) Developer The Notice to Proceed shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to be issued within fourteen (14) calendar days after the Work, and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution award of the Workcontract or submittal to and approval by the City of the foregoing required documents, whichever is later. Undue delay in submitting such required documents shall be grounds for termination of the contract by the City upon three (3) days advance written notice. (c) Developer The Contractor shall take reasonable precautions be required to protect from damage caused by substantially finish portions of the Work, property adjacent as designated by the Director of Public Works, prior to or in close proximity to continuation of further work remaining on the Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operationsproject. This appliesmay include backfilling, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer, it shall be restored promptly by Developer, at its own expense, to substantially the condition which existed immediately before such damage. In case of failure on the part of Developer to restore or take steps to restore and diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property cleanup as may be necessary, and designated by the cost thereof shall be immediately due and payable to EDCDirector of Public Works. (d) Developer shall confine Completion of the equipmentWork in accordance with the time limits set forth in the Construction Schedule is an essential condition of the Contract. If the Contractor fails to complete the Work in accordance with the Construction Schedule, apparatus, materials and supplies unless the delay is excusable under the provisions of DeveloperArticle VI hereof, the Contractor(s)Contractor shall pay the City as liquidated damages, and not as a penalty, the Architect(s)sum of: • five hundred dollars ($500.00) for each calendar day the Contractor fails to comply with the Construction Schedule until the Director of Public Works determines that Substantial Completion of the Work has been achieved; and • one hundred dollars ($100.00) for each working day after both the completion date specified in the Construction Schedule has expired and the date that Substantial Completion has been achieved, Consultants, subcontractors until final completion and all employed by them acceptance of the Work. The total amount so payable to the limits City as liquidated damages may be deducted from any sums due or to become due to the Contractor from the City. Excessive delay, as determined by the Director of Public Works, may be grounds for termination of the Project Site or City-Contractor Agreement, as otherwise permitted by law or Permitsdiscussed in Article VIII. (e) City acknowledges that certain temporary construction easements or other rights may be necessary for the performance After Commencement of the Work, and until final completion of the Work, the Contractor shall report to the City, at such intervals as the City agrees may reasonably direct, the actual progress of the work compared to providethe Construction Schedule. If the Contractor falls behind the Construction Schedule for any reason, if available he shall promptly take, and cause his Subcontractors to take, such action as is necessary to remedy the delay, and shall submit promptly to the City without costfor approval a supplementary schedule or progress chart demonstrating the manner in which the delay will be remedied; provided, however, that if the delay is excusable under Article VI hereof, the necessary temporary easements Contractor will not be required to take, or other rights subject cause his Subcontractors to its reasonable approvaltake, any action which would increase the overall cost of the Work (whether through overtime premium pay or otherwise), unless the City shall have agreed in writing to reimburse the Contractor for such increase in cost. Any increase in cost incurred in remedying a delay in providing or failure to provide such necessary easements that are available to which is not excusable under Article VI hereof shall be borne by the City without cost shall extend the applicable schedules to the extent the delay or failure delays the WorkContractor.