Common use of Permitted Alterations Clause in Contracts

Permitted Alterations. Notwithstanding the terms of Section 5.14, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term. In addition, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27.

Permitted Alterations. Notwithstanding the terms of Section 5.14, Tenant shall have the right, not make or permit any Alterations without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice consent shall specify not be unreasonably withheld, conditioned or delayed). Notwithstanding the nature of the work foregoing, in reasonable detail), to make alterations, additions or improvements to the Premises where: no event shall any Alterations (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the outside areas of the Property or the Building (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited to, the Structural Elements roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the base building Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v) diminish the value of the Buildings; (iii) Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the cost Premises existing as of any individual alteration, addition or improvement shall not exceed $25,000.00 the Commencement Date and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply accordance with the provisions of this Lease and if such work increases Section 22.1 below. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the cost construction or installation of insurance or taxes or of services, any Alterations permitted hereunder. All Alterations made by Tenant shall pay for any such increase in costbe and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Tenant shallLandlord may, within fifteen (15) days after the making of such changes, send to Landlord plans at its option and specifications describing the same in reasonable detail and provided further that Landlord, by notice delivered to Tenant given within thirty (30) days after at the time of Landlord's receipt ’s approval, require that Tenant, upon the expiration or sooner termination of such plans this Lease, at Tenant’s expense, remove any or all Alterations and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease Termto the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall have be responsible for the rightpayment of any increase in Real Property Taxes that are attributable to any Alterations, without obtaining the prior consent of which payment shall be made by Tenant to Landlord to within ten (10) days following Landlord’s written demand therefor from time to time modify time. Notwithstanding anything to the topography of the Additional Land Areas (as defined contrary in this Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include8.1, Tenant, without limitationLandlord’s consent, bringing sand, dirt, pavement, rubble and rocks may make minor Alterations to the Additional Land Areas, as well as creating water features, stairs, levels Premises which do not affect the Building’s structure or operating systems and obstacles on the Additional Land Areasthat do not cost more than $50,000.00 per project; provided, provided however, that under Tenant shall provide notice no circumstances may Tenant excavate or otherwise dig up any portions less than ten (10) business days’ notice of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27such Alterations.

Permitted Alterations. Notwithstanding the terms of Section 5.14Lessee may make from time to time any Alterations (“Permitted Alterations”) which will not (a) violate, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work or cause or require a modification in reasonable detail), to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by TenantPermitted Uses, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not any other provision of this Lease, or (iii) any Entitlements; (b) materially adversely affect the Structural Elements value or use of any Improvements; (c) adversely affect in any material manner the base building operation of the Hotel as a Luxury Hotel; (d) modify in any material respect the exterior appearance of any Building or any structural element of any Building, or materially modify the mechanical, electrical, plumbingplumbing or life safety system of any Building, heating, ventilating, air-conditioning and fire protection systems or (e) impose any liability or obligation on Lessor under Applicable Laws with respect to the condition of the Buildings; Premises; or (iiif) have a total estimated cost per Alteration in excess of $200,000.00 (such amount to be increased as of each Adjustment Date by an amount equal to the cost percentage increase in the CPI occurring since the immediately preceding Adjustment Date, or since the Term Commencement Date in the case of the first Adjustment Date). If Lessee desires to make any individual alterationAlterations which could have any of the effects described in any of clauses (a) through (f) of the immediately preceding sentence (any such Alteration being herein referred to as a “Major Alteration”), addition or improvement Lessee shall first obtain Lessor’s prior written consent, which consent shall not exceed $25,000.00 and the aggregate cost of said alterationsbe unreasonably withheld, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, except that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term. In addition, Tenant Lessor shall have the rightright to approve or disapprove, without obtaining the prior consent of Landlord to from time to time modify the topography in its sole and absolute discretion, any Alterations which could have any of the Additional Land Areas effects described in clause (as defined a), (b), (c) or (e) above. All Alterations shall be constructed and installed at the sole cost and expense of Lessee, and Lessor shall not be obligated to pay or contribute toward payment of the costs of any Alterations, including any Designated Alterations. Lessor acknowledges that Lessee may desire to propose one or more Alterations that individually or collectively will reduce the number of keyed guest rooms or suites at the Hotel, and Lessor agrees not to unreasonably withhold its consent to any such proposed Alterations, provided that (A) following the completion of such Alterations the keyed guest rooms and suites at the Hotel will number in Section 8.27 belowthe aggregate not less than ninety-five percent (95%) of the total keyed guest rooms and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to suites at the Additional Land Areas, as well as creating water features, stairs, levels and obstacles Hotel on the Additional Land Areas; providedTerm Commencement Date, however, and (B) Lessee can establish that under no circumstances may Tenant excavate or otherwise dig up any portions the net operating revenues of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed Hotel will not be decreased by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination reason of this Lease shall be as set forth in Section 8.27such Alterations.

Permitted Alterations. Notwithstanding the terms of Section 5.14, Tenant shall have not make or permit ATIONS any Alterations in, on or about the right, Premises without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual alteration, addition or improvement shall not exceed $25,000.00 be unreasonably withheld or delayed) and the aggregate cost according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld or delayed. For purposes of said this Lease, "Alterations" shall mean any alterations, additions or improvements made by Tenant during in, on or about the Lease Term shall Premises after the Commencement Date, including, but not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease limited to, lighting, heating, ventilating, air conditioning, electrical, partitioning, fixtures, drapery and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costcarpentry installations; provided, however, that Tenant shallTenant, within fifteen (15) days after at Tenant's sole cost and expense, may install its necessary trade fixtures, equipment and furniture in the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Premises without Landlord's receipt consent, provided that such items are installed and are removable without damage to the Project or to any of its electrical, mechanical or plumbing systems, and such plans alterations do not cost more than $10,000.00 each. Notwithstanding the foregoing, Landlord may withhold Landlord's consent in its sole discretion (including, without limitation, on wholly aesthetic grounds) to any: (i) alterations to the exterior or structural component of the Building, including, without limitation, exterior walls and specificationsroof of the Building; and (ii) alterations visible from outside the Building, may including Outside Areas. All alterations shall be installed at: Tenant's sole expense, in compliance with all applicable laws and the CC&R's by Landlord's contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Premises. Landlord shall have the right to require Tenant to restore that all Alterations shall be of first class quality consistent with the quality of the Project. All alterations made by Tenant, or by Landlord at Tenant's expense, shall at the termination or expiration of the Lease become the property of Landlord and shall remain upon and be surrendered with the Premises; provided, however, that Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all nonstructural Alterations installed by Tenant, or by Landlord at Tenant's expense, and return the Premises to its their condition prior as of the Commencement Date of this Lease, normal wear and tear excepted and subject to such alterationthe provisions of Paragraph 13. If requested by Tenant, addition Landlord shall inform Tenant at the time Landlord consents to the Alteration as to whether or improvement at not the Alteration in question must be removed from the Premises upon the expiration or earlier termination of the Lease TermLease. In additionNotwithstanding any other provision of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance and repair of any Hazardous Materials that are disturbed and all Alterations to the Premises made by Tenant's activities). , or by Landlord at Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27expense.

Permitted Alterations. Notwithstanding Any and all improvements or alterations in, or additions, changes or installations to the Premises subsequent to the completion of the Work (an “Alteration”) performed by or on behalf of Tenant shall be governed by the terms of Section 5.143.2(A), (B) and (C). Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice not permit any Alteration to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions be performed within or improvements to the Premises where: without first obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as: (1) no Event of Default exists hereunder, (2) the Alteration (i) does not impact the same are within the interior of the Buildings (or the interior structural components of the Premises from time or any improvements located at the Project, including but not limited to time leased by Tenantthe foundation, if bearing walls, structural steel, footings, roofs or any in the Additional Buildings), and do not affect the other exterior component or portion of the Buildings (including no signs on windows); Project or (ii) does not materially impact the same do not affect the Structural Elements or the base building mechanicalair conditioning, ventilation, electrical, plumbing, heating, ventilating, air-conditioning and fire protection utility or mechanical systems of any improvements located at the Buildings; Project or (iii) does not impact any other tenant’s premises and are not visible from the outside of the Premises, (3) such Alterations are consistent with the quality and materials utilized in the initial build out of the Tenant space; and (4) the cost of any individual alteration, addition or improvement shall such Alterations does not exceed $25,000.00 and 25,000 in any one instance or more than $100,000 in the aggregate in any consecutive twelve (12) month period. Any Alteration not complying with the foregoing sentence shall not be performed without Landlord’s consent, which may be withheld in Landlord’s sole and absolute discretion unless such Alteration is required by Section 1.5(C) of this Lease. Tenant agrees to pay Landlord’s out-of-pocket costs for review of the plans and specifications for any Alteration and Landlord’s reasonable charge for supervision of any approved Alteration. Tenant shall pay the entire cost of said alterationsany Alteration permitted hereunder and, additions or improvements made if requested by Tenant during the Lease Term Landlord, shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply provide Landlord with the provisions evidence reasonably satisfactory to it of this Lease and if such work increases Tenant’s financial ability to pay the cost of insurance or taxes or such Alteration. Upon completion of servicesany Alteration, Tenant shall pay for any promptly furnish Landlord with final sworn owner’s and contractors’ statements and full and final waivers of lien covering all labor and materials included in such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term. In addition, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Alteration.

Permitted Alterations. Notwithstanding the terms of Except as otherwise expressly set forth in --------------------- this Section 5.1411.1, Tenant shall have not at any time during the right, without obtaining the prior consent Term of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of this Lease make any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual material alteration, addition or improvement to the Premises or any Improvements located thereon without in each instance the prior written consent of Landlord. Landlord shall not exceed $25,000.00 unreasonably withhold or delay its consent to minor, non-structural alterations and the aggregate cost of said alterations, additions or improvements made by Tenant during Tenant, provided such alterations do not affect the Lease Term roof or electrical, plumbing HVAC or sewage systems of any building located on the Premises and the costs of any such alterations or improvements shall not exceed exceed, in the aggregate, in any consecutive twelve (12) month period, $250,000.00 100,000. It shall not be deemed unreasonable for Landlord to withhold its consent to a proposed alteration, addition or improvement, if, in costLandlord's good faith reasonable opinion, such proposed alteration, addition or improvement would be likely to materially impair or diminish the value of the Premises. Notwithstanding anything contained in this Section 11.1 to the contrary, Tenant shall not be obligated to obtain Landlord's prior consent to the alterations and improvements (jointly and collectively, the "Permitted Alterations") listed on Exhibit H attached hereto, --------- as long as (i) except as hereinafter permitted, any such Permitted Alterations will not affect the structure, roof, or the electrical, heating, air conditioning, plumbing or sewage systems located in or serving the Building or any other portions of the Real Property; and (ii) Tenant submits plans and specifications for the Permitted Alterations for Landlord's review, obtains necessary permits and insurance, and delivers to Landlord copies of all contracts and subcontracts, affidavits listing all contractors, subcontractors and suppliers, and requirements as to the manner and times in which the Permitted Alterations shall be done; (iii) the Permitted Alterations comply with any and all reasonable requirements of Landlord's insurers, and with all Laws; and (iv) Tenant shall comply the Permitted Alterations are performed in a good and workmanlike manner and all material used are of a quality comparable to or better than those in the Premises and are in accordance with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing delivered to Landlord. Notwithstanding anything contained in clause (i) of this Section 11.1, provided that Tenant otherwise complies with the same requirements set forth in reasonable detail this Section 11.1, such Permitted Alterations may comprise alterations to the existing electrical and provided further that Landlordheating, ventilation, and air-conditioning systems of the Building, so long as (x) such systems being altered by notice to Tenant given within thirty do not materially impair or diminish the value of the Premises, and (30y) days after upon the end of the Term or earlier termination of this Lease, Tenant, at Landlord's receipt request, restores such systems to their condition as of the Commencement Date. Landlord's approval or right of approval, if any, of Tenant's plans and specifications shall create no responsibility or liability on the part of Landlord and their agents for the completeness, design, sufficiency, or compliance with Laws of such plans and specifications. If Landlord consents to our supervises the Permitted Alterations, may require Tenant consent or supervision shall not be deemed a warranty by Landlord or their agents as to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination adequacy of the Lease Termworkmanship or quality or materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. In addition, Tenant Landlord shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate have any obligation to repair, maintain or otherwise dig up replace any portions portion of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Permitted Alterations.

Permitted Alterations. Notwithstanding After the terms of Section 5.14Commencement Date, Tenant shall have not make or permit any Alterations in, on or about the right, Premises without obtaining the prior written consent of Landlord, which consent may be withheld in Landlord's sole and absolute discretion. Notwithstanding the foregoing, Landlord but upon notice shall not unreasonably withhold its consent to Landlord given ten (10any Alterations not exceeding One Dollar $1.00) days prior to the commencement of any work (which notice shall specify the nature per square foot of the work Building in reasonable detail), to make alterations, additions or improvements to aggregate cost over the Premises where: Term and which do not (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the Outside Areas (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited, the Structural Elements roof, (iii) require any change to the basic floor plan of the Building, any change to the structural or mechanical components of the base building Building, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v) diminish the value of the Buildings; (iii) Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner confirming in quality and design with the cost Building existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any individual alterationAlterations permitted hereunder. Tenant shall, addition or improvement if required by Landlord, obtain and pay for, at its own expense, a completion and indemnity bond covering such work, the form and amount of which shall not exceed $25,000.00 and be subject to the aggregate cost approval of said alterations, additions or improvements Landlord. All Alterations made by Tenant during shall be and become the Lease Term property of Landlord upon the installation thereof and shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costbe deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all no-structural Alterations installed by or on behalf of Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Lease TermCommencement Date of this Lease, normal wear and tear excepted. In additionNotwithstanding any other provisions of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance, repair and replacement of any Hazardous Materials that are disturbed and all Alterations made by or on behalf of Tenant (including without limitation by Landlord on behalf of Tenant's activities). Tenant's obligation ) to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Premise.

Permitted Alterations. Notwithstanding the terms (a) Provided that there is not a current Event of Section 5.14Default, Tenant shall have the rightmay, without obtaining the upon prior consent of Landlord but upon written notice to Landlord given ten (10) days prior and submission to the commencement Landlord of any work (which notice shall specify the nature of the work in reasonable detail)plans and specifications therefor, to make alterationsinterior, additions non-structural additions, improvements or improvements alterations to the Premises where: having an aggregate cost not to exceed $450,000.00 (iwhich amount shall be increased (and in no event decreased) each Lease Year by a percentage equal to the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any percentage increase in the Additional Buildings)Consumer Price Index during the immediately preceding Lease Year) in any consecutive twelve (12) month period, and do not affect the exterior of the Buildings (including no signs on windows); (ii) so long as the same do not affect (i) materially adversely affect, alter, interfere with or disrupt any of the Structural Elements or the base building electrical, mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems plumbing or other system of the Buildings; Building, (iii) affect the cost outside appearance of any individual alterationthe Building, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) affect the roof of the Building, or (v) affect any structural element of the Building. (b) Tenant shall comply with not make any addition, improvement or alteration to the provisions Land without the prior written consent of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Termwhich consent shall not be unreasonably withheld. In addition, Tenant shall have the rightnot make any addition, without obtaining the prior consent of Landlord to from time to time modify the topography improvement or alteration of the Additional Land Areas Premises (as defined i) having an aggregate cost in Section 8.27 belowexcess of $450,000.00 (which amount shall be increased (and in no event decreased) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks each Lease Year by a percentage equal to the Additional Land Areaspercentage increase in the Consumer Price Index during the immediately preceding Lease Year) in any consecutive twelve (12) month period, as well as creating water featuresor (ii) affecting, stairsaltering, levels and obstacles on the Additional Land Areas; providedinterfering with or disrupting any electrical, howevermechanical, that under no circumstances may Tenant excavate plumbing or otherwise dig up any portions other system of the Additional Land Areas without Building, or (iii) affecting the outside appearance of the Building, the roof of the Building, the ingress to or the egress from the Premises and/or any structural element of the Building (such work, "Major Work"), unless Tenant submits to Landlord detailed plans and specifications therefor and Landlord approves such plans and specifications in writing (which approval Landlord agrees shall not be unreasonably withheld). Tenant shall obtain Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials contractor that are disturbed by Tenant's activities). Tenant's obligation is to restore the Additional Land Areas upon the expiration perform any Major Work, which consent shall not be unreasonably withheld or earlier termination of this Lease shall be as set forth in Section 8.27delayed.

Permitted Alterations. Notwithstanding After the terms of Section 5.14Commencement Date, Tenant shall have not make or permit any Alterations in, on or about the right, Premises without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to Landlord. Notwithstanding the commencement of foregoing, in no event shall any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: Alterations (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the outside areas (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited to, the Structural Elements roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the base building Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v) diminish the value of the Buildings; Premises (iii) collectively, "Design Problems"). All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the cost Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements Alterations permitted hereunder. All Alterations made by Tenant during shall be and become the Lease Term property of Landlord upon the installation thereof and shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costbe deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant shall(including without limitation, within fifteen (15telephone, data transmission, fiber-optic and other telecommunications cabling and related facilities) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Lease TermCommencement Date of this Lease, normal wear and tear excepted. In additionNotwithstanding any other provisions of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance, repair and replacement of any Hazardous Materials that are disturbed and all Alterations made by TenantTenant to the Premises (except to the extent part of Landlord's activitiesnormal maintenance obligations with respect to the Premises). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27.[SEE RIDER]

Permitted Alterations. Notwithstanding (A) An Owner (hereinafter in this Article 14, "Altering Owner") may, at any time, at such Altering Owner's sole cost and expense, make additions, improvements or alterations (hereinafter in this Artide 14, "Alterations") to such Altering Owner's portion ofthe Property, provided that such Alterations comply with all ofthe provisions ofthis Article 14. Alterations shall include relocation of Facilities, which shall be permitted, subject to compliance with the terms conditions set forth in this Article 14. Subject to the provisions of Section 5.145.5, Tenant replacement of Facilities may be made by an Altering Owner without consent of other Owner; provided, however, an Altering Owner must replace the Facilities with Facilities substantially equivalent or better, providing substantially the same quality of service or better. The provisions of this Article 14 governing Alterations do not negate or diminish other provisions of this Agreement having to do with additions, improvements or alterations expressly required or permitted in Articles 4, 6, 9 and 13, which are governed by such provisions unless also designated in such Articles as"Alterations" to be governed by this Article 14. (B) Alterations shall have the right, not be made without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises whereother Owners ifsuch Alterations will: (i) during their performance or upon their completion, unreasonably diminish the same are within the interior of the Buildings (benefits afforded to such other Owners by an Easement or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows)unreasonably interrupt such other Owners' use or enjoyment ofany Easement; (ii) consist of drilling, coring, chopping, cutting or otherwise making any opening or hole into any Structural Supports that serve any Improvements other than the same do not affect the Structural Elements Improvements ofthe Altering Owner; or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; CHIDOCS2I2051113123111.5 7n4nooo 9:37 AM 40 (iii) during their performance or upon their completion, degrade or diminish services to the cost other Owner under Article 5. Notwithstanding the foregoing, no consent of the Condominium Property Owner shall be required for any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 Alterations performed in cost; and (iv) Tenant shall comply accordance with the provisions of Section 3.9(B). (C) If, at any time, the Altering Owner proposes to make any Alterations which require or could possibly require (in the Altering Owner's reasonable opinion or the reasonable opinion of any other Owner) the consent ofother Owners as expressly provided in this Lease Article 14, then before commencing or proceeding with such Alterations, the Altering Owner, at its own cost, shall deliver to such other Owners a copy ofthe plans and specifications showing the proposed Alterations and a reference to this Section 14.1. An Altering Owner may also at any time request confirmation from the other Owners that their consent is not required with respect to proposed Alterations if such work increases the cost of insurance or taxes or of servicesAlterations do not require their consent, Tenant and such confirmation shall pay for any such increase in cost; provided, however, that Tenant shall, be given within fifteen ten (1510) business days after the making request is made. A failure to respond by the expiration of such changes, send ten (10) business day period shall be deemed a confirmation. If such other Owners consent to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given such Alterations or do not respond within thirty (30) days after Landlord's receipt ofsuch plans and specifications, the Altering Owner may proceed to make its Alterations substantially in accordance with such plans and specifications. The Owners whose consent is requested will not unreasonably delay their response, having in mind the scope and complexity of the proposed Alterations, and in any event shall respond to the Altering Owner within thirty (30) days after receipt from the Altering Owner of such plans and specificationsspecifications showing proposed Alterations. If, in the good faith opinion ofthe other Owners, the Altering Owner has violated or will violate the provisions of Section 14.1(A) or (B), then such Owners (the "Objecting Party") believing a violation exists shall notify the Altering Owner of its opinion that the Alterations or proposed Alterations violate or will violate the provisions of Section 14.1 (A) or (B), and shall specify the respect or respects in which provisions are or will be violated. Ifan Objecting Party in good faith asserts a violation of Section 14.1 (A) or (B), then the Altering Owner shall not commence with the Alterations or proceed with the Alterations, if already commenced, until the matter has been resolved (except in an Emergency Situation). In addition to any other legal or equitable rights or remedies to which the Objecting Party may require Tenant to restore the Premises to its condition prior to such alteration, addition be entitled by reason of an Altering Owner's violation or improvement at the expiration or earlier termination likely violation of the Lease Term. In additionprovisions of this Section 14.1, Tenant the Objecting Party shall have be entitled to seek and obtain injunctive reliefto enjoin any such violation. (D) Ifany matter arises between any two (2) or more Owners with respect to whether any Alterations or proposed Alterations violate the rightprovisions ofSection 14.1 (A) or (B), without obtaining then any Owner may submit such matter to the prior consent Architect for its advice, and the Architect shall render its opinion whether the Alterations or proposed Alterations violate the provisions of Landlord to from time to time modify the topography of the Additional Land Areas Section 14.1(A) or (as defined B). (E) The Owners, in Section 8.27 belowmaking Alterations, shall (i) perform all work in a good and erect temporary structures thereon workmanlike manner and in order to simulate user environments. This may includeaccordance with good construction practices, (ii) comply with all Laws, including, without limitation, bringing sandthe Village Building Code, dirtand (iii) comply with all ofthe applicable provisions of this Agreement. Each Owner shall, pavement, rubble and rocks to the Additional Land Areasextent reasonably practicable, make CHlDOCS2J205 I 113 I23111.5 7f24f2000 9:37 AM 41 Alterations within its portions ofthe Property in such a manner and at times so as well to minimize any noise, vibrations, particulates and dust infiltration or other disturbance which would disturb an occupant or occupants ofthe other portions ofthe Property, but such Owner shall not be liable in any event for damages as creating water featuresa result ofany such disturbance (as opposed to physical damage property) normally incidental to construction. The foregoing restriction on damages shall not restrict an Owner's right to seek and obtain injunctive relief from unreasonable disturbances, stairswhich shall not include normal construction activities in a mixed-use development. An Altering Owner may perform work during any xXXXX permitted by applicable Law. However, levels ifrequested by an Owner who would otherwise suffer unreasonable disturbance and obstacles on who pays all costs associated with work at times other than normal business xXXXX, including overtime and delay costs, the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation Altering Owner shall not unreasonably refuse to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27perform work outside normal business hours.

Permitted Alterations. Notwithstanding Tenant shall not make any alterations, additions or improvements (collectively, “Alterations”) to the terms Premises without first obtaining Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant shall be permitted to make Alterations that (i) do not affect the structural components of Section 5.14the Building and which can be reasonably removed without damage to the Premises, and (ii) cost less than $25,000.00 in the aggregate in any twelve (12) month period (“Permitted Alterations”) upon notice to Landlord, but without its consent. In the event Landlord’s consent is required hereunder, Landlord shall respond to Txxxxx’s written request to make any such proposed Alterations within fifteen (15) days following receipt of such request, which request must be accompanied with all applicable plans, drawings, specifications and other documentation reasonably required by Landlord to evaluate the same. Regardless of whether Lxxxxxxx’s consent is required, Tenant shall have the right, without obtaining the prior consent of advise Landlord but upon notice to Landlord given in writing at least ten (10) days prior to the commencement of any work (which notice shall specify the nature in advance of the work date upon which any Alterations will commence in reasonable detail), order to make alterations, additions allow Landlord sufficient time to post notices of non-responsibility. Landlord may require Tenant to remove any Alterations requiring or improvements to made without Landlord’s consent at the Premises where: (i) the same are within the interior expiration or sooner termination of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costTerm; provided, however, that Landlord shall make its election in writing to require removal of Alteration(s) (a) at the time providing its consent to the subject Alteration(s) if Landlord’s consent is required, or (b) at any time during the Term that is at least ninety (90) days prior to the Expiration Date for any Alterations made without Lxxxxxxx’s consent. If Tenant shallso requests in writing, Landlord shall respond in writing within fifteen (15) days after the making of receipt such changes, send request whether it requires any Permitted Alterations to Landlord plans and specifications describing the same be removed by Tenant in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Termaccordance with this Section 7.1. In additionthe event that Landlord so requires the removal of any Alteration(s) as set forth in this Section, Tenant shall have be obligated to remove the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) same and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks shall promptly repair any damage to the Additional Land Areas, as well as creating water features, stairs, levels Premises caused by such removal at its sole cost and obstacles expense on or before the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate Expiration Date or otherwise dig up any portions of promptly following the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be Lease. Title to any such Alterations for which Landlord does not require removal as set forth above shall vest in Section 8.27Landlord upon the Expiration Date or the earlier termination of this Lease. Tenant waives all claims against Landlord for any damage to Tenant resulting from Lxxxxxxx’s retention or disposition of any such Alterations and Tenant shall be liable to Landlord for Landlord’s costs of removing and disposing of any Alterations for which Landlord properly required removal if Tenant does not so remove and repair any damage caused by such removal on or before the Expiration Date or promptly following the earlier termination of this Lease. Notwithstanding anything to the contrary contained in this Lease, in no event shall Tenant be required to remove any of the improvements in the Premises existing on the Effective Date. Tenant, at its expense, shall obtain all necessary governmental permits and certificates relative to Tenant’s Alterations, and shall furnish copies thereof to Landlord upon request. Prior to commencing any Alterations, Tenant shall deliver to Landlord certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, its lender, and any designated Landlord affiliates supplied to Tenant in writing as additional insureds as their interest may appear. Tenant’s Alterations shall be performed in accordance with all applicable laws and requirements of public authorities, and with all applicable requirements of insurance bodies, and in good and workmanlike manner, and only with materials that are new, high quality and free of material defect.

Permitted Alterations. Notwithstanding After the terms of Section 5.14Commencement Date, Tenant shall have not make or permit any Alterations in, on or about the right, Premises without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice consent shall specify the nature not be unreasonably withheld or delayed, except for Alterations not exceeding One Dollar ($1.00) per square foot of the work Premises in reasonable detail)aggregate costs per year. Notwithstanding the foregoing, to make alterations, additions or improvements to without the Premises where: prior written consent of Landlord. In no event shall any Alterations (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the outside areas (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited to, the Structural Elements roof, (iii) require any change to the structural or mechanical components of the base building Premises, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v) diminish the value of the Buildings; (iii) premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the cost Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos containing materials, shall be used by Tenant or Tenant's Agents in the construction of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements Alterations permitted hereunder. All Alterations made by Tenant during shall be and become the Lease Term property of Landlord upon the installation thereof and shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costbe deem Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by or on behalf of Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Lease TermCommencement Date of this Lease, normal wear and tear excepted. In additionNotwithstanding any other provisions of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance, repair and replacement of any Hazardous Materials that are disturbed and all Alterations made by or on behalf of Tenant (including without limitation by Landlord on behalf of Tenant's activities)) to the Premises. Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27See Rider 8.

Permitted Alterations. Sublessee shall not make or permit any Alterations in excess of $15,000 per event in, on or about the Premises without the prior written consent of Sublessor, which consent shall not be unreasonably withheld or delayed. Notwithstanding the terms of Section 5.14foregoing, Tenant shall have in the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of event any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: Alterations would (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the outside areas (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited to, the Structural Elements roof, (iii) require any change to the structural or mechanical portions of the base building Premises, or change any existing governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any material respect with the proper functioning of or Sublessor's access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems (v) diminish the value of the Buildings; Premises, or (iiivi) occur outside the cost Premises, Sublessor shall use commercially reasonable efforts to determine a mutually agreeable solution or plan with Sublessee, but approval by Sublessor shall be at its sole and absolute discretion. All Alterations shall be constructed pursuant to plans and specifications previously provided to and approved in writing by Sublessor, which approval shall not be unreasonably withheld or delayed, and shall be installed by a licensed contractor at Sublessee's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Sublessee or Sublessee's Agents in the construction of any individual alteration, addition Alterations permitted hereunder other than in compliance with Applicable Laws and with prior Notice to Sublessor. Alterations completed in a manner materially different than indicated by the plans and specifications approved by Sublessor or improvement in violation of the foregoing shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements be a default under this Sublease. All Alterations (other than Sublessee's Property) made by Tenant during Sublessee shall be and become the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with property of Sublessor upon the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costinstallation thereof; provided, however, that Tenant shallSublessor may, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlordat its option, by notice giving Notice to Tenant given within thirty (30) days after LandlordSublessee at the time the Alteration is approved by Sublessor, require that Sublessee, upon the termination of this Sublease, at Sublessee's receipt expense, remove any or all non-structural Alterations installed by or on behalf of such plans Sublessee and specifications, may require Tenant to restore return the Premises to its condition prior to such alterationAlteration, addition or improvement normal wear and tear excepted; provided however, at the expiration or earlier termination end of the Lease Term. In additionSublessee shall not be obligated to, Tenant and shall have the rightright to elect not to remove conduit, without obtaining the prior consent cabling and lines. Notwithstanding any other provisions of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may includethis Sublease, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is Sublessee shall be solely responsible for the maintenance, repair and replacement of any Hazardous Materials that are disturbed and all Alterations made by Tenantor on behalf of Sublessee (including without limitation by Sublessor on behalf of Sublessee) to the Premises. Sublessee shall have the right to perform Alterations by selecting a general contractor, construction manager, subcontractors, architects and engineers of its choice, subject to Sublessor's activities)reasonable approval. TenantSublessor shall not receive any profit from Sublessee's obligation Alterations but Sublessee shall reimburse Sublessor reasonable costs incurred by Sublessor for consultants as Sublessor may reasonably require to restore review and evaluate Sublessee's proposed Alterations. Subject to Sublessor's reasonable restrictions for reasons such as, but not limited to, noise, dust, and access required by other tenants, Sublessee shall have the Additional Land right to perform Alterations at all times, and shall have reasonable access to loading docks, freight elevators and other Common Areas upon therefor. Prior to commencing any Alterations, Sublessee shall submit plans and specifications to Sublessor. If Sublessor fails to approve or disapprove the expiration or earlier termination of this Lease plans and specifications within five (5) business days after submission, the same shall be deemed approved by Sublessor. Approval by Sublessor of any Alterations shall not be construed as set forth a representation that such Alterations are in Section 8.27compliance with any applicable laws, building codes or regulations.

Permitted Alterations. Tenant shall not make or permit any Alterations without the prior written consent of Landlord, which consent shall not be unreasonably withheld or conditioned. Notwithstanding the terms of Section 5.14foregoing, Tenant shall have the right, without obtaining the prior Landlord may withhold its consent of Landlord but upon notice in its sole discretion to Landlord given ten (10) days prior to the commencement of any work (Alteration which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: would (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings Building or the outside areas of the Property or the Building (including no signs on windowsor be visible from adjoining sites); , (ii) affect or penetrate any of the same do structural portions of the Building, including, but not affect limited to, the Structural Elements roof, (iii) require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the base building Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord’s access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v) diminish the value of the Buildings; Premises. Landlord shall grant or deny its consent to Xxxxxx's proposed Alterations within thirty (iii30) days following receipt of plans and specifications (in a form reasonably acceptable to Landlord) and such other information as Landlord may reasonably request with respect to the cost of any individual alterationsubject Alteration. In the event that (a) Landlord shall fail to grant or deny its consent within such 30-day period, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (ivb) Tenant shall comply deliver a second request for Landlord's consent (delivered following the expiration of such 30-day period), and (c) Landlord shall fail to grant or deny its consent within five (5) business days following receipt of such second request, Landlord's consent with respect to the subject Alteration shall be deemed granted. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant’s sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date and in accordance with the provisions of this Lease Section 22.1 below. In the event Tenant performs any Alterations in the Premises which require or give rise to governmentally required changes to the "Base Building," as that term is defined below, then Landlord shall, at Tenant's expense, make such changes to the Base Building. The "Base Building" shall include the structural portions of the Building, and the public restrooms, elevators, exit stairwells and the systems and equipment located in the internal core of the Building on the floor or floors on which the Premises are located. No Hazardous Materials, including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant’s Agents in the construction or installation of any Alterations permitted hereunder. Tenant shall, if required by Landlord, obtain and pay for, at Xxxxxx’s own expense, a completion and indemnity bond covering such work increases Alterations, the cost form and amount of insurance or taxes or which shall be subject to approval of services, Landlord. All Alterations made by Tenant shall pay for any such increase in costbe and become the property of Landlord upon the construction or installation thereof and shall not be deemed Tenant’s Personal Property; provided, however, that Tenant shallLandlord may, within fifteen (15) days after at its option, require that Tenant, upon the making expiration or sooner termination of such changesthis Lease, send to Landlord plans at Tenant’s expense, remove any or all Alterations and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Commencement Date, normal wear and tear excepted. Notwithstanding any other provisions of this Lease Termto the contrary, Tenant shall be solely responsible for the maintenance, repair and replacement of any and all Alterations made by or for the benefit of Tenant (including, without limitation, by Landlord for the benefit of Tenant). In addition, Tenant shall have be responsible for the rightpayment of any increase in Real Property Taxes that are attributable to any Alterations, without obtaining the prior consent of which payment shall be made by Tenant to Landlord to within ten (10) days following Landlord’s written demand therefor from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27time.

Permitted Alterations. Notwithstanding After the terms of Section 5.14Commencement Date, Tenant shall have the right--------------------- not make or permit, without obtaining the prior written consent of Landlord but upon notice to Landlord given ten Landlord, which consent shall not be unreasonably withheld, any Alterations in, on or about the Premises, except for non-structural Alterations which (10A) days prior to do not penetrate the commencement of any work roof, or affect the foundations or the mezzanine, (which notice shall specify B) are not visible from the nature exterior of the work in reasonable detailBuilding, and (C) do not exceed Twenty- Five Thousand Dollars ($25,000.00) per occurrence ("Minor Alterations"). Notwithstanding the foregoing Tenant shall not, to without the prior written consent of Landlord, make alterations, additions or improvements to the Premises whereany: (i) the same are within the interior of the Buildings (or the interior of the Premises from time Alterations to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows)Building; (ii) the same do not affect the Structural Elements Alterations to or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems penetrations of the Buildings;structural portions of the Building including, without limitation, the roof, or which will interfere with the proper functioning of any mechanical facilities or equipment located in the Building or Project; and (iii) Alterations visible from outside the cost Building to which Landlord may withhold consent based on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws and the CC&R's, by a licensed contractor. The work shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of any individual alterationthe Commencement Date, addition or improvement and shall not exceed $25,000.00 diminish the value of either the Building or the Project. With respect to any Alteration which is not exempted as a "Minor Alteration", Landlord and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with determine whether the provisions of this Lease same constitutes personal property as defined in Subparagraph (z) on page 3 and if such work increases so, Exhibit "D" shall be modified ----------- accordingly. Further, all Minor Alterations shall be deemed to be personal property which Tenant may remove or leave in the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send Premises at its election subject to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given 's right within thirty (30) days after Landlord's receipt prior to the end of such plans and specifications, may the term of the Lease to require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination remove. Notwithstanding any other provision of the Lease Term. In additionthis Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance and repair of any Hazardous Materials that are disturbed and all Alterations made by Tenant's activities). Tenant's obligation it to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Premises.

Permitted Alterations. Notwithstanding (a) Landlord agrees that Tenant may, at its own cost and expense and after giving Landlord at least thirty (30) Days' prior notice in writing of its intention to do so, from time to time during the terms of Section 5.14Initial Term and all Extended Terms, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make such alterations, additions or improvements additions, and changes to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time (except those of a structural nature or would affect the mechanical and/or electrical systems of the Common Area) as it may find necessary or convenient for its purposes, provided that the value of the Premises is not thereby diminished, that the same would not breach any of the terms of this Lease, and provided further that, except as hereinafter provided, Tenant shall not make any alterations, additions or changes to time leased by Tenantthe Premises without first delivering plans therefor to Landlord and procuring the prior written consent of Landlord to all such alterations, if additions or changes, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make any in nonstructural interior alterations, additions or changes to the Additional BuildingsPremises as it may deem necessary or convenient for its purposes, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), and provided that such alterations, additions or changes do not affect alter the appearance of the exterior of the Buildings Premises and do not adversely affect any utilities or other facilities serving the Premises. In no event shall Tenant erect any mezzanine or increase the size of same, if one be initially constructed, unless and until the written consent of Landlord shall first have been obtained (including no which consent shall not be unreasonably withheld or delayed). All improvements, fixtures and/or equipment which Tenant may install or place in or about the Premises, and all alterations, repairs or changes to the Premises, and all signs installed in, on windows);or about the Premises, from time to time, shall be at the sole cost of Tenant, and Landlord shall be without any obligation in connection therewith. (iib) the same do Whether or not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of Tenant is required to obtain Landlord's consent to any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said such alterations, additions additions, or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of serviceschanges, Tenant shall pay for notify Landlord of the commencement of such work ten (10) Days prior thereto. Tenant hereby indemnifies and holds Landlord harmless from any liability, cost, obligation, expense or claim of lien in any manner relating to the installation, placement, removal or financing of any such increase in cost; providedalterations, howeverrepairs, that Tenant shall, within fifteen (15) days after the making of such changes, send improvements, fixtures and/or equipment in, on or about the Premises, except to the degree that such may be caused by the negligence or willful misconduct of Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after or Landlord's receipt agent. (c) Concurrently with Landlord's approval of such plans and specificationsany alterations permitted under this Article 11, may require Landlord shall notify Tenant as to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term. In addition, whether Tenant shall have the right, without obtaining the prior consent of Landlord be permitted to from time leave in place or required to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas remove each such permitted alteration upon the expiration or earlier termination of this Lease. Landlord's failure to provide such notice shall not constitute a breach of this Lease but, instead, shall be as set forth in Section 8.27deemed to be timely notice to Tenant that each such permitted alteration must be removed at the expiration or earlier termination of this Lease.

Permitted Alterations. (a) Notwithstanding anything to the contrary contained in this Lease, subject to the terms and conditions of Section 5.14this Article 10, Tenant shall have the right, without obtaining right to do the prior consent of Landlord but upon notice following Alterations (subject only to Landlord given Landlord’s review and approval or disapproval in its reasonable discretion within ten (10) business days prior of receipt of the of the construction drawings therefor, and at Tenant’s request when seeking such approval, Landlord will, when transmitting such approval, confirm whether removal or restoration shall be required): (a) Permitted Alterations and Minor Alterations; (b) install supplemental HVAC units within the Premises; and (c) separately meter utilities in locations chosen at Tenant’s discretion. In addition, notwithstanding anything to the commencement of any work (which notice shall specify the nature of the work contrary contained in reasonable detail)this Lease, to make alterations, additions or improvements subject to the Premises where: terms and conditions of this Article 10, (i) Tenant shall have the same are within the interior of the Buildings (or the interior of right to complete Tenant’s re-stacking project in the Premises from time to time leased by Tenant, if any in and the Additional BuildingsCommon Areas as described on Exhibit K-1 (the “Re-Stacking Project”), and do not affect the exterior of the Buildings (including no signs on windows); (ii) Landlord hereby approves the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord current plans and specifications describing for the same in reasonable detail Re-Stacking Project and provided further agrees that Landlordupon its approval of the final construction drawings, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition no removal or improvement at the restoration shall be required upon expiration or earlier termination of the Lease TermLease. (b) With respect to the Re-Stacking Project, subject to the applicable terms and conditions contained in this Lease, the Tenant Parties shall have a non-exclusive license (the “Re-Stacking License”), at no charge to Tenant, to enter on to the Common Areas for the purpose of constructing the Re- Stacking Project within the Premises and the Common Areas. In additionTo the extent the Re-Stacking Project will impact the Common Areas, it shall be subject to the reasonable approval of Landlord taking into account that the same will affect the main entrance to the Building, and the parties shall reasonably cooperate with each other to minimize to the extent reasonably practical any negative impacts on other tenants. Tenant shall have the rightindemnify, without obtaining the prior consent of defend and hold Landlord to harmless from time to time modify the topography and against any Claims, which result from or arise out of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks use of the Re-Stacking License by Tenant or any other Tenant Parties except to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on extent such Claims are caused by the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate negligence or otherwise dig up any portions willful misconduct of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon ’s obligations under this Section shall survive the expiration or earlier termination of this Lease shall be as set forth in until all Claims within the scope of this Section 8.27are fully, finally, and absolutely barred by the applicable statutes of limitations.

Permitted Alterations. Notwithstanding Except to the terms extent expressly provided otherwise in this Lease, other than the initial construction and completion of Section 5.14the Tenant Work (which is governed by the Workletter), Tenant shall have the rightmake no additions, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail)changes, to make alterations, additions alterations or improvements (the “Alteration Work”) in and to the Premises where:or the Building systems and equipment pertaining to the Premises without the prior written consent of Landlord, which will not be unreasonably withheld; provided, however (i) Landlord may withhold consent in its discretion to (1) any alterations in or additions to basic Building systems which would materially adversely affect the same are within the interior operation of the Buildings (Building or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building its mechanical, electrical, plumbing, heatingHVAC, ventilating, air-conditioning and fire protection systems of the Buildingslife safety or other basic Building systems; (iii2) any work that would adversely affect Landlord’s ability to perform its obligations or provide services to Tenant or other tenants or materially increase the cost costs thereof; (3) any work which would require entry into another tenant’s premises (unless the affected tenant has granted approval for entry or under the applicable lease Landlord has the right to make such entry without such tenant’s approval); or (4) any work in the Premises or Building visible from outside the Building or from the Common Areas on a multi-tenant floor, which would materially detract from the aesthetic integrity of any individual alteration, addition the Building or improvement its design. (ii) Tenant shall not exceed $25,000.00 be required to obtain Landlord’s consent (provided Tenant provides Landlord with prior written notice thereof) to (1) install conduit, cabling and wiring within the aggregate cost Premises or any shaft that runs only among contiguous floors of said alterationsthe Premises, (2) carpet and decorate, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv3) Tenant shall comply with if and as permitted by Law, install (a) an alarm and public address system (provided such public address system does not create excessive noise affecting other tenants) in such portion of the provisions of this Lease and if such work increases fire exit stairways as run between the cost of insurance floors comprising the Premises, and/or (b) a door or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior other device barring access to such alterationfloors from upper and lower floors except in an emergency, addition or improvement at the expiration or earlier termination or (4) Alteration Work whose cost is not reasonably expected to exceed $100,000 (provided such Alteration Work is not of the Lease Term. In addition, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (a type for which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activitieswithhold its consent pursuant to Paragraph 8(A)(i) above). Tenant's obligation The term Alteration Work shall not include the initial improvements to restore the Additional Land Areas upon Original Premises which are described in the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Workletter.

Permitted Alterations. Notwithstanding After the terms Commencement Date of Section 5.14this Lease, Tenant shall have not make or permit any Alterations in, on or about the rightPremises, except for non-structural Alterations not exceeding approximately $5,000 per occurrence, and $20,000 over the Term of the Lease ("PERMITTED ALTERATIONS"), without obtaining the prior written consent of Landlord but upon notice which consent shall not be unreasonably withheld. All Permitted Alterations shall be constructed pursuant to plans and specifications approved in writing by Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work and shall be subject to a reasonable administrative fee payable to Landlord as a condition to such consent in reasonable detail)order to oversee the work of improvement in the Premises. Notwithstanding the foregoing, to Tenant shall not, without the prior written consent of Landlord, make alterations, additions or improvements to the Premises whereany: (i) the same are within the interior of the Buildings (or the interior of the Premises from time i. Alterations to time leased by Tenant, if any in the Additional Buildings), and do not affect the exterior of the Buildings (including no signs on windows)Building; (ii) . Alterations to or penetrations of the same do structural portions of the Building, including, without limitation, the roof, or which will interfere with the proper functioning of any mechanical facilities or equipment located in the Building or Project; or iii. Alterations visible from outside the Building to which Landlord may withhold consent based wholly upon aesthetic grounds. iv. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws and the CC&R's, by a licensed contractor. The work shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of each Commencement Date, and shall not affect diminish the Structural Elements value of either the Premises or the base building mechanicalProject. Tenant shall, electricalif required by Landlord, plumbingobtain and pay for, heatingat its own expense, ventilatinga completion and indemnity bond, air-conditioning the form and fire protection systems amount of which shall be subject to the Buildings; (iii) the cost approval of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements Landlord. All Alterations made by Tenant during shall be and become the Lease Term property of Landlord upon the installation thereof and shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costbe deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all non-structural Alterations installed by Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alterationas of each Commencement Date of this Lease, addition or improvement at the expiration or earlier normal wear and tear excepted. The notification that items should be removed upon termination of the Lease Termshould be given at time Landlord gives approval. In additionNotwithstanding any other provision of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance and repair of any Hazardous Materials that are disturbed and all Alterations made by Tenant's activities). Tenant's obligation Tenant to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Premises.

Permitted Alterations. Tenant shall have the right at any time, at its own cost, to make such repairs, decorations, alterations, changes, substitutions, replacements, additions and/or improvements in, on and to the Premises, which Tenant may deem necessary or desirable (collectively, the “Improvements’“). Landlord’s approval shall not be required for any Improvements to the interior of the Building. Subject to Section 6.1 hereof. Landlord’s approval shall be required for any Improvements affecting the exterior of the Building, provided that, such approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to construct additions to the Building with the Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned. Tenant shall be permitted to demolish the Building and construct a new building (which shall be deemed to be the Building for all purposes hereunder) only with Landlord’s prior written consent, which consent may be withheld in Landlord’s sole and absolute discretion. In the event Landlord does not approve of Tenant’s plans and specifications for any Improvement under this Section 6.4.1, it shall provide detailed written reasons for such disapproval, and Tenant shall resubmit the plans and specifications to Landlord, and the process shall be repeated until the plans and specifications have been approved, or deemed approved, by Landlord; provided, however Landlord shall be precluded from making additional comments to the plans and specifications after its initial review and comment. Notwithstanding anything to the terms contrary in the foregoing, in the event that Landlord fails to approve Tenant’s plans for Tenant’s initial improvements to be completed prior to Tenant’s commencing business, Landlord and Tenant shall attempt to resolve any dispute or disagreement relating thereto in good faith. In the event that Landlord and Tenant are unable to resolve such dispute to the satisfaction of Section 5.14Tenant, Tenant shall have the right, without obtaining the option to terminate this Lease upon prior consent of Landlord but upon written notice to Landlord. Landlord given ten (10) days prior hereby consents to the commencement of any work (which notice shall specify the nature Tenant’s construction of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any in the Additional Buildings), initial Improvements as further described on Exhibit E hereto and do not affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements or the base building mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Buildings; (iii) the cost of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term. In addition, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is solely responsible for any Hazardous Materials that are disturbed by Tenant's activities). Tenant's obligation to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27incorporated herein.

Permitted Alterations. Notwithstanding After the terms of Section 5.14Commencement Date, Tenant shall have not make or permit any Alterations in, or about the right, Premises without obtaining the prior written consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice consent shall specify the nature of the work in reasonable detailnot be unreasonably withheld), to make alterations, additions or improvements to except for the Premises where: (i) the same are within the interior of the Buildings (or the interior of the Premises from time to time leased by Tenant, if any Work defined in the Additional Buildings)Workletter attached hereto as Exhibit "C", and do Alterations not affect exceeding Five Thousand Dollars ($5,000.00) per occurrence. Notwithstanding the foregoing, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, in no event shall any Alterations (i)affect the exterior of the Buildings (including no signs on windows); (ii) the same do not affect the Structural Elements Building or the base building outside areas (or be visible from adjoining sites), (ii)affect or penetrate any of the structural portions of the Building including, but not limited to, the roof, (iii)require any change to the basic floor plan of the Premises, any change to the structural or mechanical components of the Premises, or any governmental approval or permit as a prerequisite to the construction thereof, (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbingplumbing or HVAC systems, heatingfacilities or equipment located in or serving the Building, ventilating, air-conditioning and fire protection systems or (v)diminish the value of the Buildings; (iii) Premises. All Alterations shall be constructed pursuant to plans and specifications previously provided to and, when applicable, approved in writing by Landlord, shall be installed by a licensed contractor at Tenant's sole expense in compliance with all Applicable Laws, and shall be accomplished in a good and workmanlike manner conforming in quality and design with the cost Premises existing as of the Commencement Date. No Hazardous Materials including, but not limited to, asbestos or asbestos-containing materials, shall be used by Tenant or Tenant's Agents in the construction of any individual alteration, addition or improvement shall not exceed $25,000.00 and the aggregate cost of said alterations, additions or improvements Alterations permitted hereunder. All Alterations made by Tenant during shall be and become the Lease Term property of Landlord upon the installation thereof and shall not exceed $250,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in costbe deemed Tenant's Personal Property; provided, however, that except for the Work defined in the Workletter attached hereto as Exhibit "C", Landlord may, at its option, require that Tenant, upon the termination of this Lease, at Tenant's expense, remove any or all nonstructural Alterations, except Alterations required by law, installed by or on behalf of Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given within thirty (30) days after Landlord's receipt of such plans and specifications, may require Tenant to restore return the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination as of the Lease TermCommencement Date of this Lease, normal wear and tear excepted. In additionNotwithstanding any other provisions of this Lease, Tenant shall have the right, without obtaining the prior consent of Landlord to from time to time modify the topography of the Additional Land Areas (as defined in Section 8.27 below) and erect temporary structures thereon in order to simulate user environments. This may include, without limitation, bringing sand, dirt, pavement, rubble and rocks to the Additional Land Areas, as well as creating water features, stairs, levels and obstacles on the Additional Land Areas; provided, however, that under no circumstances may Tenant excavate or otherwise dig up any portions of the Additional Land Areas without Landlord's prior written consent (which Landlord may condition on Tenant's expressly acknowledging that it is be solely responsible for the maintenance, repair and replacement of any Hazardous Materials that are disturbed and all Alterations made by or on behalf of Tenant (including without limitation by Landlord on behalf of Tenant's activities). Tenant's obligation ) to restore the Additional Land Areas upon the expiration or earlier termination of this Lease shall be as set forth in Section 8.27Premises.