Common use of Performance of the Work Clause in Contracts

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant A. Prior to the Enabling Work Agreementcommencement of any Tenant Change (other than decorative Tenant Changes), StadCo Tenant, at its sole cost and expense, shall not do on Business Days during Business Hours require Tenant’s general contractor and all subcontractors to verify on site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or permit others building manager, provided Landlord’s construction or project manager makes himself/herself available for such a meeting on a timely basis which Landlord hereby agrees to do any Project Improvements Work unless cause him/her to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and until storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures. B. Tenant shall cause all Tenant Changes to be performed (i) StadCo shall have first procured in compliance with all Legal Requirements and paid for applicable permitsInsurance Requirements and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time in accordance with and subject to the provisions of Article 26 hereof, licensesthe “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied in such manner as not to unreasonably interfere with the Insurance Covenants. All such Project Improvements Work shall be Operation of the Property and so as not to cause labor problems in the Building or the Unit, (iiii) prosecuted with reasonable diligence and completed with all reasonable dispatchcontinuity to completion, subject to Force Majeure; (iiiv) constructed using new or recycled, first class materials, and performed in a good and workmanlike manner (v) substantially in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition the Final Working Drawings submitted to and approved (or alteration, deemed approved) by Landlord as the case same may be, be modified from time to time with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change or for any change order of improvements similar less than $50,000 unless the same materially changes the scope of the Tenant Change or is of such a nature (regardless of cost) that it would independently be subject to Landlord’s consent). Landlord shall be under no obligation to coordinate the performance of any work to be performed as part of any Tenant Change or prepare the Demised Premises therefor and Landlord shall not have liability to Tenant with respect to the Project Improvements; (iii) constructed installation thereof. Subject to the Construction Rules and Regulations, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, except that, with respect to any Restricted Work, Tenant shall furnish Landlord with reasonable advance notice thereof and such Restricted Work shall only be performed using qualified workers during hours other than Business Hours on Business Days as reasonably designated by Landlord. Tenant shall be solely responsible for any additional costs incurred as a result of the foregoing requirement. C. Upon and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and subject to the terms of this Agreement; Article, Tenant may, as part of Tenant’s Initial Work or future Tenant Changes, construct internal staircases between floors within the Office Space (excluding the 51st Floor Space) and structurally reinforce the floors of the Demised Premises (v) it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Restricted Work relating thereto including, but not limited to, all core drilling in connection therewith during non-Business Hours on an overtime basis). Tenant shall have the right to select the location of such internal staircases which location (as distinguished from Tenant’s right, subject to Section 7.14 belowthe terms hereof, free to install such internal staircases) shall be subject to Landlord’s approval which shall not be unreasonably withheld so long as the same shall not adversely affect the structural integrity of any Liens other than any Leasehold Mortgage permitted pursuant the Building and/or the Unit and otherwise complies with the Design Guidelines. D. Upon and subject to the terms of this Article, including, without, limitation, Landlord’s approval of the Stadium LeaseFinal Working Drawings therefor, Landlord hereby approves the locations for proposed Specialty Bathroom Work as set forth on Exhibit 13.06D annexed hereto and made a part hereof. E. Tenant acknowledges that certain of the exterior window panels in the 51st Floor Space are opaque; it being agreed that the nature of such window panels in no event shall constitute a Material Window Blocking, Landlord shall not have liability to Tenant therefor, and the same shall not constitute an actual or constructive eviction and no diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result thereof. StadCo Provided that Tenant has not made (subject to the last sentence of Section 2.02B hereof), a 51st Floor Space Use Change Election, Tenant shall take all reasonably necessary measures have the right to replace one or more of such opaque window panels with visions panels as a Tenant Change (the “51st Floor Window Work”), which such Tenant Change Landlord hereby approves of being performed in concept, subject to the terms of this Section 13.06E and precautions compliance with the other terms of this Article 13. Notwithstanding anything to minimize damagethe contrary contained herein, disruption or inconvenience caused by such work and make adequate provisions upon approval of the Final Working Drawings for the safety 51st Floor Window Work by Landlord and convenience receipt of all Persons affected therebyother necessary approvals therefor, in each case in Landlord shall perform the manner as a Reasonable and Prudent Developer would undertake in light 51st Floor Window Work on Tenant’s behalf. All of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all reasonable hard and soft costs incurred by Landlord in connection with the Project Improvements 51st Floor Window Work shall be the sole responsibility of Tenant and are subject to a construction management fee of 3%, which costs and management fee shall be payable with thirty (30) days of demand together with reasonable supporting documentation. If Tenant elects to have the 51st Floor Window Work performed as permitted hereunder, Landlord and Tenant shall enter into mutually acceptable agreements relating thereto. Tenant acknowledges that the 51st Floor Window Work shall be subject to any required approvals under the Superior Instruments and from applicable Governmental Authorities and, in connection therewith, Landlord agrees to reasonably cooperate with Tenant in seeking to have the 51st Floor Window Work but Landlord makes no representation or warranty as to whether such approval will be obtained, the same shall be without liability of Landlord to Tenant, and the failure to get any such approval shall in no event be deemed an actual or constructive eviction of Tenant nor entitle Tenant to any credit against or diminution or abatement of Fixed Rent or Additional Rent payable by Tenant under this Lease. F. If the connection of any utilities, fittings or fixtures of Tenant shall require a temporary shut-down of any Building system or service or shall interfere with Building operations or the use of any other portion of the Building, then the same shall be coordinated with Landlord and shall be performed only with Landlord’s prior consent, which consent shall not be unreasonably withheld, provided the same does not adversely affect any other tenant or occupant of the Building or the Unit or the Building common areas or any work being performed by or on behalf of Landlord in connection therewith. Tenant shall, at its sole cost and expense, perform such connection work other than any connection work with respect to the fire alarm, life safety systems, building management systems, security or access control systems and/or proprietary systems of any Landlord Entity, which work shall be performed by Landlord’s designated contractors, at Tenant’s sole cost and expense at a cost not to exceed commercially competitive rates that would be charged by a comparable contractor in the City in the absence of such relationship. G. If, by reason of the performance of any Tenant Change, any work stoppage or labor disruption or dispute shall occur at or affecting the Building or the Unit (other than any work stoppage or labor disruption or dispute affecting only the Demised Premises), 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 Demised Premises), provided that Landlord and Tenant shall reasonably cooperate with one another to seek to resolve the basis for such work stoppages or dispute. If by reason of the performance of any Tenant Change (i) there shall be any material interference with (a) the use and enjoyment of the premises demised to any other tenant or occupant in the Building and/or the Unit or to the Building common areas or (b) any work being performed by or on behalf of Landlord therein and/or (ii) the Demised Premises or the Building and/or the Unit or the Building common areas (or any work or installations in either) shall be damaged, then Tenant shall immediately remedy or remove such condition or conditions. H. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for Tenant’s Initial Work, including any costs, chargeswhich have been signed and sealed by Tenant’s Architect, and fees a completed form PW-1 for Landlord’s signature, Landlord shall provide Tenant with an ASB-4 (or such other equivalent certificate) that may be required in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstancesTenant’s Initial Work.

Performance of the Work. With Following approval of the exclusion Final Plans and Specifications, Tenant shall solicit bids from qualified and approved general contractors for the Tenant Work. The general contractor for the Leasehold Improvements (the “General Contractor”) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Tenant shall also submit to Landlord a list of subcontractors which Tenant or its General Contractor proposes to use and Landlord shall have the right to approve such subcontractors, which approval shall not be unreasonably withheld or delayed. Without exception, the Landlord requires the Shell and Core Electrical, Mechanical and Fire Protection (sprinkler and fire alarm) subcontractors to complete the Leasehold Improvements. Tenant shall not permit or cause the General Contractor to utilize any subcontractor not so approved by Landlord without first submitting the name of such other subcontractor to Landlord for its reasonable approval as aforesaid. Landlord shall notify Tenant within five (5) Business Days following submission of the name of a proposed contractor or subcontractor of the approval or disapproval of such contractor. All contractors and subcontractors for the Leasehold Improvements shall be licensed, of good reputation, have a demonstrated capability to perform quality workmanship, have financial capacity to complete the work, be experienced in performing work of the type contemplated, be capable of working in harmony with other contractors in the Building, have good labor and minority relations, utilize only union labor and be bondable. Landlord shall not unreasonably withhold its approval of contractors or subcontractors who meet the foregoing standards; provided, however, that failure to meet the foregoing standards are merely examples of reasons for which Landlord might reasonably withhold approval, whether similar or dissimilar to the foregoing examples. Tenant shall deliver to Landlord copies of all Enabling Work contracts proposed to be executed by Tenant for the Leasehold Improvements, which is performed pursuant shall require the General Contractor to comply with the requirements of this Paragraph 15 and the TI Manual. The General Contractor shall obtain all required building and other permits and otherwise comply with all laws and governmental rules and regulations with respect to or in any manner applicable to the Enabling Work AgreementLeasehold Improvements and other construction in the Premises at all times prior to, StadCo shall not do or permit others to do any Project Improvements Work unless during and until (i) StadCo shall have first procured and paid for applicable permitsfollowing said work, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work cost of which shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as cost of the case may be, of improvements similar Leasehold Improvements payable from the Landlord’s Contribution to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstancesextent thereof.

Performance of the Work. [With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, ,] StadCo shall not do or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition addition, or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption disruption, or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant A. Prior to the Enabling Work Agreementcommencement of any Tenant Change (other than decorative Tenant Changes), StadCo Tenant, at its sole cost and expense, shall not do on Business Days during Business Hours require Tenant’s general contractor and all subcontractors to verify on site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or permit others building manager, provided Landlord’s construction or project manager makes himself available for such a meeting on a timely basis which Landlord hereby agrees to do any Project Improvements Work unless cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and until storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures. B. Tenant shall cause all Tenant Changes to be performed (i) StadCo shall have first procured in compliance with all Legal Requirements and paid for applicable permitsInsurance Requirements and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time in accordance with and subject to the provisions of Article 26 hereof, licensesthe “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied in such manner as not to unreasonably interfere with the Insurance CovenantsOperation of the Property and so as not to cause labor problems in the Building or the Unit, (iii) with diligence and continuity to completion, (iv) using new, first class materials, and (v) substantially in accordance with the Final Working Drawings submitted to and approved by Landlord as the same may be modified from time to time with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change or for any change order of less than $50,000 unless the same materially changes the scope of the Tenant Change or is of such a nature (regardless of cost) that it would independently be subject to Landlord’s consent). All Landlord shall be under no obligation to coordinate the performance of any work to be performed as part of any Tenant Change or prepare the Demised Premises therefor and Landlord shall not have liability to Tenant with respect to the installation thereof. Subject to the Construction Rules and Regulations with respect to the manner of performance of such Project Improvements Tenant Changes, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that Tenant shall furnish Landlord with reasonable advance notice of the performance of any Prohibited Work being performed on any floor (the “Prohibited Work Floor”) of the Demised Premises when other tenants of the Building and/or the Unit are in occupancy for the conduct of their business of all or any portion of any floor (each, an “Impacted Floor”) immediately above and/or below the Prohibited Work Floor (unless all of the Impacted Floors are included in the Demised Premises) if such Prohibited Work adversely affects such other tenant’s use of its demised premises or the Building, the Common Elements, the FC Limited Common Elements, the NYTC Limited Common Elements or the Building common areas, in each instance beyond a de minimis extent, in which event such Prohibited Work shall be (i) prosecuted with reasonable diligence performed during hours other than Business Hours on Business Days as reasonably designated by Landlord. Tenant shall be solely responsible for any additional costs incurred as a result of the foregoing requirement. C. Upon and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (v) it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Prohibited Work relating thereto including, but not limited to, all core drilling in connection therewith during non-Business Hours on an overtime basis). Tenant shall have the right to select the location of such internal staircases subject to Section 7.14 below, free Landlord’s approval which shall not be unreasonably withheld so long as the same shall not adversely affect the structural integrity of the Building and/or the Unit and otherwise complies with the Design Guidelines. D. If the connection of any Liens utilities, fittings or fixtures of Tenant shall require a temporary shut-down of any Building system or service or shall interfere with Building operations or the use of any other portion of the Building, then the same shall be coordinated with Landlord and shall be performed only with Landlord’s prior consent, which consent shall not be unreasonably withheld, provided the same does not adversely affect any other tenant or occupant of the Building or the Unit or the Building common areas or any work being performed by or on behalf of Landlord in connection therewith. Tenant shall, at its sole cost and expense, perform such connection work other than any Leasehold Mortgage permitted pursuant connection work with respect to the terms fire alarm, life safety systems, building management systems and/or access control or security systems, which work shall be performed by Landlord’s designated contractors, at Tenant’s sole cost and expense at a cost not to exceed commercially competitive rates that would be charged by a comparable contractor in the City in the absence of such relationship. E. If, by reason of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damageperformance of any Tenant Change, any work stoppage or labor disruption or inconvenience caused by dispute shall occur at or affecting the Building or the Unit (other than any work stoppage or labor disruption or dispute affecting only the Demised Premises), 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 Demised Premises), provided that Landlord and make adequate provisions Tenant shall reasonably cooperate with one another to seek to resolve the basis for such work stoppages or dispute. If by reason of the safety performance of any Tenant Change (i) there shall be any material interference with (a) the use and convenience enjoyment of all Persons affected thereby, in each case the premises demised to any other tenant or occupant in the manner as a Reasonable and Prudent Developer would undertake Building and/or the Unit or to the Building common areas or (b) any work being performed by or on behalf of Landlord therein and/or (ii) the Demised Premises or the Building and/or the Unit or the Building common areas (or any work or installations in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo either) shall be responsible damaged, then Tenant shall immediately remedy or remove such condition or conditions. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for all costs incurred Tenant’s Initial Work, which have been signed and sealed by Tenant’s Architect, and a completed form PW-1 for Landlord’s signature, Landlord shall provide Tenant with an ASB-4 (or such other equivalent certificate) that may be required in connection with the Project Improvements Tenant’s Initial Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work (and all Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (iv) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (iiw) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iiix) constructed and performed using qualified workers and subcontractors; (ivy) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (vz) subject to Section 7.14 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstancescircumstances and as required by Applicable Law.

Performance of the Work. With Tenant shall, at its expense and in a manner and on terms and conditions and at times satisfactory to and approved in writing by Landlord, construct, install and complete the exclusion of all Enabling Work which is performed pursuant Initial Improvements in the Premises subject to the Enabling following requirements. (a) Tenant shall commence, and shall thereafter prosecute diligently to completion, the Work. (b) Tenant shall use only contractors, subcontractors and workers approved by Landlord (such approval not to be unreasonably withheld, conditioned, or delayed) in writing prior to Tenant's contracting with such contractor or such contractors contracting with such subcontractors. Landlord shall have the right to stop all work in the Premises, at no cost to Landlord, if any contractor, subcontractor or worker working in the Premises is not so approved by Landlord. Tenant shall cause the Tenant's Contractor to perform the Work Agreement, StadCo in conformity with Landlord's requirements as set forth in "Manager's Conditions for Tenant Managed Construction" and in substantial accordance with the Plans and Specifications. (c) The Work shall not do adversely affect any structural component of the Building or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permitsthe Building's HVAC system, licensesplumbing system, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenantselectrical system, or other mechanical systems or elevators. All such Project Improvements The Work shall be generally consistent in quality with the quality of construction of the Building. Neither the Work nor the installation of Tenant's furniture, fixtures and equipment shall exceed the presently existing live load capacity of the floor on which the Premises are located without Landlord's prior written approval. Tenant shall remove all debris and waste material relating to any construction area and leave the immediately surrounding areas in broom-clean condition. (id) prosecuted As soon as reasonably practical, but in any event prior to the commencement of the Work, Tenant shall furnish to Landlord certificates of insurance evidencing builder's risk and liability insurance coverage naming Landlord and Tenant as additional named insureds, as their interests may appear, in amounts and coverages satisfactory to Landlord and issued by an insurance company or companies which carries a policy holders rating of not less than "A+" and a financial rating of not less than "VIII" as designated in the most current Best's Insurance Guide and which shall be licensed to do business in the State of Texas. (e) Landlord shall review and monitor the construction of the Work. Tenant and its contractors shall cooperate with reasonable diligence the Landlord as appropriate. (f) All materials used in the construction, installation and completion of the Work shall be at least Building standard. The Work shall be completed with in a good and workmanlike manner. (g) Tenant shall cause all reasonable dispatch, subject work relating to Force Majeure; (ii) constructed and the Work to be performed in a good and workmanlike manner at Tenant's expense in compliance with all applicable legal requirements by contractors approved in advance in writing by Landlord in accordance with standard construction practices the Plans and Specifications. (h) Tenant's contractors, laborers, materialmen and others furnishing labor or materials for constructionthe Work shall work in harmony and not interfere with any labor utilized by Landlord, repairLandlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and if at any time such entry by one or more persons furnishing labor or materials for the Work shall cause disharmony or interference, renewalLandlord may require Tenant to cause the Work to cease immediately at no cost to Landlord, renovationand cause the disharmony or interference to cease. (i) Tenant's Contractor, demolition, rebuilding, addition or alteration, as its subcontractors and suppliers and their employees shall use only the case may be, service elevators and shall observe all the rules and regulations of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case Building while in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstancesBuilding. Except as expressly provided in this Agreement, StadCo Tenant shall be responsible for all costs incurred cleaning, repair and maintenance of any area of the Building damaged or disturbed in connection with the Project Improvements Work. (j) Tenant acknowledges that the mechanical rooms on Floor 25 of the Building may contain asbestos. Landlord will not be required to remove any asbestos from the mechanical rooms on Floor 25 of the Building. However, if Landlord elects not to remove any asbestos from such mechanical rooms, Landlord shall be responsible for any excess out-of-pocket costs incurred by Tenant in the performance of the Work with respect to such mechanical rooms and the mechanical systems of the Building directly resulting from the presence of asbestos. Tenant will not commence or perform any Work in the mechanical rooms without Landlord's prior written approval and supervision. Any asbestos containing material which is not removed shall be covered by an operation and maintenance program established and maintained by Landlord in accordance with any laws, ordinances, orders, rules, regulations and other requirements of governmental authority, whether now in force or hereafter enacted, for the purpose of protecting same from disturbance. Tenant agrees to comply with Landlord's operation and maintenance program with respect to the containment of asbestos. Furthermore, Landlord, at Landlord's expense, shall comply with all laws, ordinances, orders, rules, regulations and other requirements of governmental authority, whether now in force or hereafter enacted, which impose any duty with respect to or otherwise relate to the abatement, removal or containment of asbestos containing materials on Floor 25 of the Building. (k) Tenant shall indemnify and hold Landlord, the manger and all of their employees and agents, harmless against any and all claims, demands, loss or damages (including any costs, charges, attorney's fees and fees expenses) arising out of or in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstancesWork.

Performance of the Work. With Tenant shall, at its expense and in a manner and on terms and conditions and at times satisfactory to and approved in writing by Landlord, construct, install and complete the exclusion of all Enabling Work which is performed pursuant Improvements in the Premises subject to the Enabling following requirements. (a) Tenant shall commence, and shall thereafter prosecute diligently to completion, the Work. (b) Tenant shall use only contractors, subcontractors and workers approved by Landlord in writing prior to Tenant's contracting with such contractor or such contractors contracting with such subcontractors. Landlord shall have the right to stop all work in the Premises, at no cost to Landlord, if any contractor, subcontractor or worker working in the Premises is not so approved by Landlord. Tenant shall cause the Contractor to perform the Work Agreement, StadCo in conformity with Landlord's requirements as set forth in "Manager's Conditions for Tenant Managed Construction" and in substantial accordance with the Plans. (c) The Work shall not do adversely affect any structural component of the Building or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permitsthe Building's HVAC system, licensesplumbing system, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenantselectrical system, or other mechanical systems or elevators. All such Project Improvements The Work shall be generally consistent in quality with the quality of construction of the Building. Neither the Work nor the installation of Tenant's furniture, fixtures and equipment shall exceed the presently existing live load capacity of the floor on which the Premises are located without Landlord's prior written approval. Tenant shall remove all debris and waste material relating to any construction area and leave the immediately surrounding areas in broom-clean condition. (id) prosecuted As soon as reasonably practical, but in any event prior to the commencement of the Work, Tenant shall furnish to Landlord a policy or policies of builder's risk and liability insurance coverage naming Landlord and Tenant as additional named insureds, as their interests may appear, in amounts and coverages satisfactory to Landlord and issued by an insurance company or companies which carries a policy holders rating of not less than "A+" and a financial rating of not less than "X" as designated in the most current Best's Insurance Guide and which shall be licensed to do business in the State of Texas. (e) Landlord shall review and monitor the construction of the Work. Tenant and its contractors shall cooperate with reasonable diligence the Landlord as appropriate and shall meet weekly to discuss progress of the Work. (f) All materials used in the construction, installation and completion of the Work shall be at least Building Standard. The Work shall be completed with in a good and workerlike manner. (g) Tenant shall cause all reasonable dispatch, subject work relating to Force Majeure; (ii) constructed and the Work to be performed in a good and workmanlike workerlike manner at Tenant's expense in compliance with all applicable legal requirements by contractors approved in advance in writing by Landlord in accordance with standard construction practices the Plans. (h) Tenant's contractors, laborers, materialmen and others furnishing labor or materials for constructionthe Work shall work in harmony and not interfere with any labor utilized by Landlord, repair, renewal, renovation, demolition, rebuilding, addition Landlord's contractors or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreementmechanics or by any other tenant or such other tenant's contractors or mechanics; and (v) subject to Section 7.14 below, free of if at any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption time such entry by one or inconvenience caused by such work and make adequate provisions more persons furnishing labor or materials for the safety and convenience of all Persons affected therebyWork shall cause disharmony or interference, in each case in Landlord may require Tenant to cause the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, chargesWork to cease immediately at no cost to Landlord, and fees in connection with supplying cause the Project Improvements with disharmony or interference to cease. (i) Tenant's Contractor, its subcontractors and suppliers and their employees shall use only the service elevators and shall observe all necessary utilities, all costs, charges, the rules and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening regulations of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled Building while in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.the

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work AgreementWork, StadCo shall not do or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (ii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition addition, or alteration, as the case may be, of improvements similar to the Project Improvements; (iii) constructed and performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption disruption, or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.

Performance of the Work. With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall not do or permit others to do any Project Improvements Work unless and until (i) StadCo shall have first procured and CONFIDENTIAL paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (iAi) prosecuted with reasonable diligence and completed with all reasonable dispatch, subject to Force Majeure; (iiBii) constructed and performed in a good and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the case may be, of improvements similar to the Project Improvements; (iiiCiii) constructed and performed using qualified workers and subcontractors; (ivDiv) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (vEv) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. StadCo shall take all reasonably necessary measures and precautions to minimize damage, disruption or inconvenience caused by such work and make adequate provisions for the safety and convenience of all Persons affected thereby, in each case in the manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances. Except as expressly provided in this Agreement, StadCo shall be responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses incurred in connection with the Land or the design, development, construction, furnishing, and opening of the Project Improvements. Dust, noise, traffic, hazards, and other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the particular circumstances.