Common use of Performance of the Work Clause in Contracts

Performance of the Work. A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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) in compliance with all Legal Requirements and Insurance 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, the “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation 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). 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 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 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 subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenantshall, at its sole cost expense and expense, shall in a manner and on Business Days during Business Hours require Tenant’s general contractor terms and all subcontractors to verify on site dimensions and existing conditions and at times satisfactory to attend a pre-construction meeting with and approved in writing by Landlord’s construction or 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 cause him to doconstruct, to determine suitable access routes to install and complete the Demised Premises, designated loading, unloading and 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) Initial Improvements in compliance with all Legal Requirements and Insurance 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 the Premises subject to the provisions of Article 26 hereoffollowing requirements. (a) Tenant shall commence, the “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation of the Property and so as not to cause labor problems in the Building or the Unit, (iii) with diligence and continuity shall thereafter prosecute diligently to completion, the Work. (ivb) using newTenant shall use only contractors, first class materials, subcontractors and (v) substantially in accordance with the Final Working Drawings submitted to and workers approved by Landlord as the same may (such approval not to be modified from time unreasonably withheld, conditioned, or delayed) in writing prior to time Tenant's contracting with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change such contractor 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)contractors contracting with such subcontractors. Landlord shall be under no obligation have the right to coordinate the performance of any stop all 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 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) , at no cost to Landlord, if such Prohibited Work adversely affects such other tenant’s use of its demised premises any contractor, subcontractor or worker working in 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 performed during hours other than Business Hours on Business Days as reasonably designated Premises is not so approved by Landlord. Tenant shall be solely responsible cause the Tenant's Contractor to perform the Work in conformity with Landlord's requirements as set forth in "Manager's Conditions for any additional costs incurred as a result of Tenant Managed Construction" and in substantial accordance with the foregoing requirementPlans and Specifications. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Prohibited c) The 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 Landlord’s approval which shall not be unreasonably withheld so long as the same shall not adversely affect the any structural integrity of the Building and/or the Unit and otherwise complies with the Design Guidelines. D. 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 component of the Building or the Unit Building's HVAC system, plumbing system, electrical system, or other mechanical systems or elevators. 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. (d) 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 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 in a good and workmanlike manner. (g) Tenant shall cause all work relating to 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 the Plans and Specifications. (h) Tenant's contractors, laborers, materialmen and others furnishing labor or materials for the Work shall work in harmony and not interfere with any labor utilized by Landlord, Landlord'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, Landlord may require Tenant to cause the Work to cease immediately at no cost to Landlord, and cause the 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 the rules and regulations of the Project and Building while in the Building. Tenant shall be responsible for all cleaning, repair and maintenance of any area of the Building common areas damaged or disturbed in connection with the 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 work being performed 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 on behalf of 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 connection therewithaccordance 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 shall, at its sole cost agrees to comply with Landlord's operation and expense, perform such connection work other than any connection work maintenance program with respect to the fire alarmcontainment of asbestos. Furthermore, life safety systemsLandlord, building management systems and/or access control at Landlord's expense, shall comply with all laws, ordinances, orders, rules, regulations and other requirements of governmental authority, whether now in force or security systemshereafter enacted, which work shall be performed by Landlord’s designated contractorsimpose any duty with respect to or otherwise relate to the abatement, 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 removal or containment of asbestos containing materials on Floor 25 of the City in the absence of such relationshipBuilding. E. 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), k) Tenant shall cease indemnify and hold Landlord, the performance manger and all of such Tenant Change during the continuance their employees and agents, harmless against any and all claims, demands, loss or damages (including attorney's fees and expenses) arising out 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial any of the Work.

Performance of the Work. A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall 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 building manager, provided Landlord’s construction or project manager makes himself himself/herself available for such a meeting on a timely basis which Landlord hereby agrees to cause him him/her to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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) in compliance with all Legal Requirements and Insurance 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, the “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation 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 newnew or recycled, first class materials, and (v) substantially in accordance with the Final Working Drawings submitted to and approved (or deemed 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). 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 Tenant ChangesRegulations, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that except that, with respect to any Restricted Work, 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 thereof and 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 Restricted Work shall only be 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 subject to the terms of this Article, Tenant may 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 (it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Prohibited 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 the terms hereof, 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 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 Final 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. 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 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 compliance with the other terms of this Article 13. Notwithstanding anything to the contrary contained herein, upon approval of the Final Working Drawings for the 51st Floor Window Work by Landlord and receipt of all other necessary approvals therefor, Landlord shall perform the 51st Floor Window Work on Tenant’s behalf. All of the reasonable hard and soft costs incurred by Landlord in connection with the 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 access control or security systemsproprietary 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. E. 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. F. H. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior [With the exclusion of all Enabling Work which is performed pursuant to the commencement of Enabling Work Agreement,] StadCo shall not do or permit others to do any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost Project Improvements Work unless and expense, shall 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 until (i) in compliance 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 Legal Requirements reasonable dispatch, subject to Force Majeure; (ii) constructed and Insurance Requirements performed in a good and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time 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 Article 26 hereofall Persons affected thereby, in each case in the “Construction Rules manner as a Reasonable and Regulations”) 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 made a part hereof 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 Design GuidelinesProject Improvements Work (including all building permits, (ii) 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 not to unreasonably interfere with the Operation a Reasonable and Prudent Developer would undertake in light 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). 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 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 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 requirementparticular circumstances. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior to Following approval of the commencement of any Final Plans and Specifications, Tenant Change (other than decorative shall solicit bids from qualified and approved general contractors for the Tenant Changes), Tenant, at its sole cost and expense, shall on Business Days during Business Hours require Tenant’s Work. The 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 Leasehold Improvements (i) in compliance with all Legal Requirements and Insurance 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, the “Construction Rules and RegulationsGeneral Contractor”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation 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). 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 prior written approval, which approval 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 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 unreasonably withheld 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 performed during hours other than Business Hours on Business Days as reasonably designated by Landlorddelayed. Tenant shall be solely responsible for any additional costs incurred as also submit to Landlord a result list of the foregoing requirement. C. Upon subcontractors which Tenant or its General Contractor proposes to use and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 approve such internal staircases subject to Landlord’s subcontractors, which approval which shall not be unreasonably withheld so long as or delayed. Without exception, the same Landlord requires the Shell and Core Electrical, Mechanical and Fire Protection (sprinkler and fire alarm) subcontractors to complete the Leasehold Improvements. Tenant shall not adversely affect permit or cause the structural integrity 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 Building and/or name of a proposed contractor or subcontractor of the Unit approval or disapproval of such contractor. All contractors and otherwise complies 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 the Design Guidelines. D. 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 contractors in the Building, then 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 same 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 contracts proposed to be coordinated with Landlord and shall be performed only with Landlord’s prior consentexecuted by Tenant for the Leasehold Improvements, which consent shall not be unreasonably withheld, provided require the same does not adversely affect any 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 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 permits and expense, perform such connection work other than any connection work otherwise comply with all laws and governmental rules and regulations with respect to or in any manner applicable to the fire alarmLeasehold Improvements and other construction in the Premises at all times prior to, life safety systemsduring and following said work, building management systems and/or access control or security systems, the cost of which work shall be performed by a cost of the Leasehold Improvements payable from the 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 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 Contribution 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 conditionsextent thereof. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior StadCo shall not do or permit others to the commencement of do any Tenant Change Project Improvements Work (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall on Business Days during Business Hours require Tenant’s general contractor and all subcontractors to verify on site dimensions Enabling Work) unless and existing conditions and to attend a pre-construction meeting with Landlord’s construction or 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 until (i) in compliance 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 (v) prosecuted with reasonable diligence and completed with all Legal Requirements reasonable dispatch, subject to Force Majeure; (w) constructed and Insurance Requirements performed in a good and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time 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; (x) constructed and performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (z) subject to Section 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 Article 26 hereofall Persons affected thereby, in each case in the “Construction Rules manner as a Reasonable and Regulations”) 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 made a part hereof 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 Design GuidelinesProject Improvements Work (including all building permits, (ii) 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 not to unreasonably interfere with the Operation a Reasonable and Prudent Developer would undertake in light of the Property particular circumstances 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 required 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). 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 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 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 requirementApplicable Law. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior With the exclusion of all Enabling Work, StadCo shall not do or permit others to the commencement of do any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost Project Improvements Work unless and expense, shall 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 until (i) in compliance 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 Legal Requirements reasonable dispatch, subject to Force Majeure; (ii) constructed and Insurance Requirements performed in a good and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time 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 Article 26 hereofall Persons affected thereby, in each case in the “Construction Rules manner as a Reasonable and Regulations”) 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 made a part hereof 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 Design GuidelinesProject Improvements Work (including all building permits, (ii) 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 not to unreasonably interfere with the Operation a Reasonable and Prudent Developer would undertake in light 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). 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 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 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 requirementparticular circumstances. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenantshall, at its sole cost expense and expense, shall in a manner and on Business Days during Business Hours require Tenant’s general contractor terms and all subcontractors to verify on site dimensions and existing conditions and at times satisfactory to attend a pre-construction meeting with and approved in writing by Landlord’s construction or 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 cause him to doconstruct, to determine suitable access routes to install and complete the Demised Premises, designated loading, unloading and 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) Improvements in compliance with all Legal Requirements and Insurance 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 the Premises subject to the provisions of Article 26 hereoffollowing requirements. (a) Tenant shall commence, the “Construction Rules and Regulations”) and made a part hereof and the Design Guidelines, (ii) in such manner as not to unreasonably interfere with the Operation of the Property and so as not to cause labor problems in the Building or the Unit, (iii) with diligence and continuity shall thereafter prosecute diligently to completion, the Work. (ivb) using newTenant shall use only contractors, first class materials, subcontractors and (v) substantially in accordance with the Final Working Drawings submitted to and workers approved by Landlord as the same may be modified from time in writing prior to time Tenant's contracting with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change such contractor 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)contractors contracting with such subcontractors. Landlord shall be under no obligation have the right to coordinate the performance of any stop all 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 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) , at no cost to Landlord, if such Prohibited Work adversely affects such other tenant’s use of its demised premises any contractor, subcontractor or worker working in 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 performed during hours other than Business Hours on Business Days as reasonably designated Premises is not so approved by Landlord. Tenant shall be solely responsible cause the Contractor to perform the Work in conformity with Landlord's requirements as set forth in "Manager's Conditions for any additional costs incurred as a result of Tenant Managed Construction" and in substantial accordance with the foregoing requirementPlans. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Prohibited c) The 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 Landlord’s approval which shall not be unreasonably withheld so long as the same shall not adversely affect the any structural integrity of the Building and/or the Unit and otherwise complies with the Design Guidelines. D. 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 component of the Building or the Unit Building's HVAC system, plumbing system, electrical system, or other mechanical systems or elevators. The Work shall be generally consistent in quality with the Building common areas or any work being performed by or 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 behalf of Landlord in connection therewithwhich the Premises are located without Landlord's prior written approval. Tenant shallshall remove all debris and waste material relating to any construction area and leave the immediately surrounding areas in broom-clean condition. (d) As soon as reasonably practical, at its sole cost and expense, perform such connection work other than but in any connection work with respect event prior to the 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 commencement 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)Work, Tenant shall cease the performance furnish to Landlord a policy or policies 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 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 reasonably 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 one another the Landlord as appropriate and shall meet weekly to seek to resolve the basis for such work stoppages or dispute. If by reason discuss progress of the performance Work. (f) All materials used in the construction, installation and completion of any Tenant Change (i) there the Work shall be at least Building Standard. The Work shall be completed in a good and workerlike manner. (g) Tenant shall cause all work relating to the Work to be performed in a good and 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 the Plans. (h) Tenant's contractors, laborers, materialmen and others furnishing labor or materials for the Work shall work in harmony and not interfere with any material interference with (a) the use and enjoyment of the premises demised to labor utilized by Landlord, Landlord's contractors or mechanics or by any other tenant or occupant in 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 Building and/or Work shall cause disharmony or interference, Landlord may require Tenant to cause the Unit Work to cease immediately at no cost to Landlord, and cause the disharmony or interference 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 conditionscease. F. Promptly after Tenant (i) Tenant's Contractor, its subcontractors and suppliers and their employees shall have delivered to Landlord approved Final Working Drawings for Tenant’s Initial Work, which have been signed use only the service elevators and sealed by Tenant’s Architect, shall observe all the rules 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 regulations of the Project and Building while in connection with Tenant’s Initial Work.the

Performance of the Work. A. Prior With the exclusion of all Enabling Work which is performed pursuant to the commencement of Enabling Work Agreement, StadCo shall not do or permit others to do any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost Project Improvements Work unless and expense, shall 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 until (i) in compliance 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 (Ai) prosecuted with reasonable diligence and completed with all Legal Requirements reasonable dispatch, subject to Force Majeure; (Bii) constructed and Insurance Requirements performed in a good and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time 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; (Ciii) constructed and performed using qualified workers and subcontractors; (Div) constructed and performed in accordance with Applicable Laws and the terms of this Agreement; and (Ev) 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 Article 26 hereofall Persons affected thereby, in each case in the “Construction Rules manner as a Reasonable and Regulations”) 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 made a part hereof 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 Design GuidelinesProject Improvements Work (including all building permits, (ii) 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 not to unreasonably interfere with the Operation a Reasonable and Prudent Developer would undertake in light 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). 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 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 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 requirementparticular circumstances. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.

Performance of the Work. A. Prior With the exclusion of all Enabling Work which is performed pursuant to the commencement of Enabling Work Agreement, StadCo shall not do or permit others to do any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost Project Improvements Work unless and expense, shall 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 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 cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and 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 until (i) in compliance 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 Legal Requirements reasonable dispatch, subject to Force Majeure; (ii) constructed and Insurance Requirements performed in a good and in compliance with Landlord’s construction rules and regulations attached hereto Exhibit 13.06B (as amended from time to time 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 Article 26 hereofall Persons affected thereby, in each case in the “Construction Rules manner as a Reasonable and Regulations”) 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 made a part hereof 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 Design GuidelinesProject Improvements Work (including all building permits, (ii) 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 not to unreasonably interfere with the Operation a Reasonable and Prudent Developer would undertake in light 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). 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 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 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 requirementparticular circumstances. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the floors of the Demised Premises (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 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 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 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 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. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for 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 Tenant’s Initial Work.