Common use of Plans and Specifications Clause in Contracts

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans and Specifications prepared by Seller's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.

Plans and Specifications. The Unit will Except as otherwise provided below, there ------------------------ shall be constructed by Seller no change in substantial conformance with the Plans and Specifications prepared without Lender's prior written approval, which approval shall not be unreasonably withheld or delayed. Requests for approval shall be submitted on a change order form acceptable to Lender signed by SellerBorrower and, if required by Lender, the project architect and the general contractor (if any), accompanied by working drawings and a written narrative of the proposed change. As conditions to its approval, (a) Lender may require reasonably satisfactory evidence of the cost of the proposed change and the time necessary to complete the proposed change, and (b) to the extent Lender reasonably determines that the proposed change shall result in increased cost, Lender may require Borrower to deposit the reasonable amount of the increased cost into the Borrower's Funds Account in accordance with Section ------- 3.01(b). Borrower acknowledges that this approval process may result in delays ------- and consents to all such delays. Provided that Borrower submits any proposed change order to Lender together with a cover letter specifying that Lender is to reply within fifteen (15) days of its receipt thereof pursuant to this Section ------- 4.05, Lender shall be deemed to have approved such change order if it fails to ---- object in writing within fifteen (15) days of Lender's receipt of any such change order and notice. Upon Lender's request, Borrower, the project architect, Pure Design LLC and the general contractor (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browserif any), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (shall initial the “copy of the Plans and Specifications”)Specifications delivered to, and approved by, Lender as a true copy of the Plans and Specifications for the Work. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT ANDBorrower shall maintain at all times a full set of working drawings for the Work available for inspection by Lender. Notwithstanding the above, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves Borrower may make minor changes in the right, at its option, Plans and Specifications without Lender's prior written consent unless such change: (i) to make modifications constitutes a material change in the building material or equipment specifications, the architectural or structural design, value, architecture, or quality of any of the Improvements; or (ii) would result in an increase in any item of construction cost in excess of TEN THOUSAND AND NO/100THS DOLLARS ($10,000.00) for any single change or in excess of FIFTY THOUSAND AND NO/100THS DOLLARS ($50,000.00) for all such changes in such items of construction cost; or (iii) would affect the structural integrity, quality of building material or equipment or overall efficiency of operating systems or utility systems of the Improvements; or (iv) requires the approval (which has not been given as of the date of any such change) of any Governmental Agency or any other person or entity. Notwithstanding the foregoing, Borrower shall submit all proposed changes to the Plans and Specifications required by the Town pursuant to Lender at least fifteen (15) days prior to the Town’s building permit process commencement of construction relating to such proposed change whether or required by not any building code, fire code or other code governing the related improvements, and/or (ii) such change is subject to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERLender's approval.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans Prior to making any Alterations, Tenant, at its expense, shall (i) submit to Landlord for its approval, detailed plans and Specifications prepared by Seller's architect, Pure Design LLC specifications (the “ArchitectPlans”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement of each proposed Alteration (or copying same and pasting into an internet browserother than Decorative Alterations), and Purchaser acknowledges delivery with respect to any Alteration affecting any Building System, evidence that the Alteration has been designed by, or reviewed and approved by, Landlord’s designated engineer for the affected Building System, (ii) obtain all permits, approvals and certificates required by any Governmental Authorities, (iii) furnish to Landlord duplicate original policies or certificates of worker’s compensation (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors in this manner connection with such Alteration) and commercial general liability (including property damage coverage) insurance and Builder’s Risk coverage (as being acceptable described in Article 11), issued on a completed value basis, all in such form, with such companies, for such periods and accepted by Purchaser in such amounts as Landlord may reasonably require, naming Landlord, Landlord’s Agent, any Lessor and any Mortgagee as additional insureds, and (iv) furnish to Landlord reasonably satisfactory evidence of Tenant’s ability to complete and to fully pay for such Alterations (other than Decorative Alterations). Tenant shall give Landlord not less than 5 Business Days’ notice prior to performing any Decorative Alteration, which notice shall contain a description of such Decorative Alteration. Landlord shall respond to any request for approval of Tenant’s plans and specifications for Alterations within 15 Business Days after such request is made. In addition, Landlord agrees to respond to any resubmission of such plans and specifications within 15 Business Days after resubmission to Landlord. If Landlord fails to respond to Tenant’s request within 15 Business Days, Tenant shall have the right to provide Landlord with a second request for approval (a “Plans and SpecificationsSecond Request”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS , which shall specifically identify the plans and specifications to which such request relates, and set forth in bold capital letters the following statement: LANDLORD MUST COMPLETE ITS REVIEW AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE APPROVE OR DISAPPROVE THESE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION WITHIN 5 BUSINESS DAYS AFTER RECEIPT OF THIS AGREEMENT AND, NOTICE. FAILURE BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE LANDLORD TO DO SO WILL BE DEEMED TO BE LANDLORD’S APPROVAL OF SUCH PLANS AND SPECIFICATIONS. Seller reserves If Landlord fails to respond to a Second Request within 5 Business Days after receipt by Landlord as Tenant’s sole and exclusive remedy the rightplans and specifications previously submitted to Landlord and identified in the Second Request shall be deemed to be approved by Landlord. As used herein, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process term “respond” shall mean approve or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoingdisapprove and, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delayscase of any disapproval, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERreasons therefor.

Plans and Specifications. The Unit will Tenant shall prepare and furnish to Landlord for its approval, not to be constructed by Seller in substantial conformance with Plans unreasonably withheld, conditioned or delayed, complete architectural drawings and Specifications prepared by Seller's architect, Pure Design LLC specifications and building elevations (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “"Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND") for the construction of the Building and Other Improvements, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves incorporating therein the right, at its option, items specified and shown in the "Concept Plans" attached hereto as ATTACHMENT "9" within thirty (i30) to make modifications to days following the Plans and Specifications required approval of same by the Town pursuant to Architectural Review Board of the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above City of Chico. Landlord agrees that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller it will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in approve the Plans and Specifications, so long as they are materially consistent with the substituted Concept Plans and the requirements of this Lease and delivered to Landlord's architect concurrently therewith, within ten (10) business days after receipt thereof. Furthermore, provided Tenant's Plans and Specifications are approved by the City of Chico, Landlord shall not require Tenant to alter its building elevations, standard entrance tower, customer pickup area or the use of Alucobond and red trim on the front exterior of the Building. If the Plans and Specifications are not disapproved by Landlord within fifteen (15) days of delivery thereof to Landlord, same shall constitute a Landlord Delay and extended the Commencement Date, day for day based on the Landlord Delay. The Plans and Specifications shall not be substantially changed improvement is by Tenant without the prior written consent of substantially equivalent valuethe Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. PURCHASER UNDERSTANDSAny such changes, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASERhowever, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERshall comply with the restrictions in this Lease, the Concept Plans and with applicable building codes and other governmental requirements. Notwithstanding anything contained in this Lease to the contrary, in no event, may the Plans and Specifications, as originally prepared or as modified, provide for a building containing greater or less than twenty-three thousand fourteen (23,014) square feet (provided, however Tenant shall be provided a differential of [plus or minus] one percent (1%)), to the nearest square foot, nor for a building with a canopy or facia extending higher than twenty (20) feet above the ground or deeper than twelve (12) feet from the storefront line nor for a building parapet extending higher than thirty-four (34) feet above the ground. In the event that any such change in the Plans and Specifications requested by Tenant requires modifications to the Landlord Work, Tenant shall reimburse Landlord for all additional costs incurred by Landlord as a result of such change including, without limitation, architect's and engineer's fees, within fifteen (15) days of a receipt of a request for such reimbursement, together with reasonably supportive evidence of the amount and payment of such additional costs and shall extend the required completion dates for Landlord Work as set forth in the Construction Schedule to the extent necessary to account for any such requested modifications.

Plans and Specifications. The Unit will (a) Prior to commencement of construction of the Renovation Improvements to be constructed by Seller in substantial conformance with Plans and Specifications prepared by Seller's architectafter the Effective Date, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to Borrower shall deliver the Plans and Specifications required by the Town pursuant to the Town’s building permit process Lender for its review and approval, which approval shall not be unreasonably withheld, conditioned or required by delayed. (b) Except as otherwise provided in this Agreement, Borrower shall not make any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to changes in the Plans and Specifications as Seller determinesapproved by Lender without Lender’s prior written consent, providedwhich consent shall not be unreasonably withheld, howeverconditioned or delayed, under either if such change: (i) constitutes a material change in the building material or equipment specifications, or in the architectural or structural design, value or quality of any of the Renovation Improvements; (ii) above that would result in an increase of construction costs in excess of $100,000 for any single change after all such changes exceed $200,000, or in excess of $600,000 for all such changes; or (iii) would affect the modification structural integrity, quality of building materials, or substitution is overall efficiency of substantially equivalent valueoperating systems of the Renovation Improvements. Without limiting the foregoingabove, in the event Lender agrees that substitutions or Borrower may make minor changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as well as changes required by governmental authorities, without Lender’s prior written consent, provided that such changes do not violate any of the substituted or changed improvement is conditions specified herein. Borrower shall at all times maintain, for inspection by Lender, a full set of substantially equivalent valueworking drawings of the Renovation Improvements, which drawings may be maintained at the general Contractor’s job site office. (c) Borrower shall submit any proposed change in the Plans and Specifications to Lender at least ten (10) days prior to the commencement of construction relating to such proposed change. PURCHASER UNDERSTANDSRequests for any change which requires consent shall be accompanied by working drawings and a written description of the proposed change, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASERsubmitted on a change order form acceptable to Lender, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERsigned by Borrower and, if required by Lender, also by the Architect and the Contractor. At its option, Lender may require Borrower to provide: (i) evidence reasonably satisfactory to Lender of the cost and time necessary to complete the proposed change; (ii) subject to the terms of Section 3.4(c)(ii), a deposit in the amount of any increased costs into the Borrower’s Funds Account and (ii) a complete set of “as built” Plans and Specifications for the completed Renovation Improvements. (d) Upon completion of the Renovation Improvements, Borrower shall deliver to Lender within ten (10) days a set of final Plans and Specifications.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans and Specifications prepared by Seller's architect, Pure 359 Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). A copy of the Plans and Specifications is available for review by Purchaser at the Project’s sales center located at 0000 Xx. Xxxxxx Xxxxxx, Suite F-2, Steamboat Springs, Colorado 80487, by appointment during normal business hours. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town City pursuant to the TownCity’s building permit process or required by any building code, fire code code, ADA Accessibility Standards, or other code or regulation governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, Purchaser acknowledges and accepts that supply issues continue to persist and, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Lessee shall submit to Lessor for its approval a complete set of the Plant Layout Plans and Specifications prepared by Seller's architectthe Interconnection Plans, Pure Design LLC (respectively. The Plant Layout Plans and the “Architect”) Interconnection Plans shall be consistent in all material respects with the description of the LNG Facility contained on Exhibit "C". Provided that the Plant Layout Plans and the Interconnection Plans are available by following Hyperlink 5.b listed on Attachment 2 in all material respects consistent with said description, the other provisions of this Lease and all Legal Requirements, Lessor shall not unreasonably withhold its consent to such plans. Lessor shall either approve or disapprove each submittal pursuant to this Agreement Section 8.1 as soon as is reasonably practical after receipt of a complete submittal, but in any event within [***] after receipt thereof (and if such submittal is a request for an approval of a modification to a previously-approved submittal, within [***] after receipt thereof). Lessor's failure to respond within such [***] period (or copying such [***] period, as applicable) shall be deemed as its approval of the submittal (or modification, as applicable). If Lessor disapproves of the submittal, it shall so notify Lessee in writing within said [***] period, as applicable) and, at the same time, provide Lessee with a reasonably detailed statement of the reasons why such submittal was disapproved. In such latter event, Lessor and pasting Lessee agree to cooperate reasonably with each other in resolving any objections of the other to the submittal or requested revisions. Once the Plant Layout Plans and Interconnection Plans have been approved by Lessor, such approval shall be binding on Lessor (absent a misrepresentation by Lessee) and no further approval by Lessor of such plans or Permits shall be required unless such plans are subsequently modified in any material respect, in which case such modifications shall be subject to Lessor's approval in accordance with this Section 8.1. Lessor shall not be deemed to have incurred or assumed any obligation or responsibility in connection with any aspect of the Plant Layout Plans or the Interconnection Plans, and nothing in the Project Agreements, nor any act or failure to act on the part of Lessor, shall be construed as a warranty or representation as to the adequacy or fitness of the LNG Facility or any aspect thereof or a waiver of a claim by Lessor relating to the LNG Facility. Once the Plant Layout Plans and the Interconnection Plans have been approved by Lessor, Lessor and Lessee shall enter into an internet browser), amendment to this Lease which supplements Exhibit "C" with references to title and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “date all such approved Plant Layout Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERInterconnection Plans.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans and Specifications prepared by Seller's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser 4240 Architecture (the “Plans and Specifications”). A copy of the Plans and Specifications is available for review by Purchaser at the offices of Seller, which are located at 000 Xxxxxxxx Xxx, Xxxxx 0000, Xxxxxxxx Xxxxxxx, Xxxxxxxx, by appointment during normal business hours. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, Purchaser acknowledges and accepts that supply issues continue to persist and, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.

Plans and Specifications. a. The Unit will Building and improvements shall be constructed by Seller as depicted on the proposed site plan for the project, and in substantial conformance accordance with Plans the Scope of Work for the project, and Specifications with the preliminary plans and specifications for the Building and Improvements prepared by Seller's architectthe Architects, Pure Design LLC all of which are described on Exhibit C, as the same may be more fully depicted and/or modified by the final plans and specifications (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “"Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i") to make be prepared by the Architect consistent with the foregoing and to be mutually approved by Kirco and Owner in writing and to be further described on Exhibit D and any modifications or changes to the Plans and Specifications that may hereafter be agreed to by Kirco and Owner. Owner acknowledges that the Architect has been selected by Owner. Kirco will engage the Architect to provide its architectural services to Kirco and Owner pursuant to this Agreement, and Architect will owe its customary duty of care to Owner as well as to Kirco. Once the final Plans and Specifications have been agreed upon, if any change from the Preliminary Plan and Scope of Work that is reflected in the final Plans and Specifications results in a change in cost to Kirco, whether requested by Owner, required by unforeseen circumstances, or required due to changes in statutes, ordinances or regulations or the Town pursuant application thereof by government officials, or price changes resulting from changes in material costs, the Contract Price shall be increased or decreased accordingly, subject to the Town’s building permit process approval of the Owner. The agreement between Kirco and the Architect shall provide that the Architect will owe its customary duty of care to the Owner and may report directly to the Owner as if the contract were directly between the Owner and the Architect, including instances where Kirco has failed to comply with the Agreement or required by any building codewith the Drawings or Specifications. The foregoing notwithstanding, fire code Kirco reserves the right to make reasonable changes or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment substitutions of equivalent products and materials, and make other minor modifications to materials for those listed in the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to of unavailability or unreasonable delivery delaysunanticipated price increases or to avoid unnecessary delays in the construction of the Building, Seller will attempt such changes must be agreed to secure reasonably comparable fixturesby Owner, equipment whose consent shall not unreasonably be withheld or delayed. Any Contract Price changes shall include a proportional increase or decrease in the construction fee included in the Construction Contract referred to in Section 6 below (the "Construction Fee"). b. Once the Plans, Specifications and Scope of Work have been approved in writing by Kirco and Owner, if the Owner requests any changes in the Scope of Work, any upgrade in materials but no assurance is made that the substituted or changed improvement will match the improvement described in any variation from the Plans and Specifications, or if any such change is required by unforeseen circumstances, or required due to changes subsequent to the date hereof in statutes, ordinances or regulations or the application thereof by government officials, Kirco will obtain an estimate of any cost differential resulting from such change from one or more of Kirco's subcontractors or suppliers, as applicable, and shall provide that estimate to Owner, along with an estimate of the increase or decrease in Kirco's on-site personnel costs, if any. If the change is based on an Owner request, Owner shall notify Kirco in writing within ten (10) business days thereafter if Owner desires to include that change in the Plans and Specifications and, if Owner elects to make the change, the parties shall execute an appropriate change order. In the absence of a timely notice electing to make such change, Owner shall be deemed to have elected to not make such change. Owner may direct Kirco to make a change in the Plans, the Specifications or in the Building and, if time does not permit the parties to determine the impact on the Contract Price, if any, and prepare and execute a complete Change Order prior to the change being made, the adjustment in the Contract Price (including a proportionate adjustment in the Construction Fee) will be subsequently equitably determined based on the cost increase or decrease resulting from the change. If the change is required by unforeseen circumstances, or required due to changes in statutes, ordinances or regulations or the application thereof by government officials, the Plans and Specifications and Contract Price shall be adjusted in accordance with the foregoing and the parties shall execute an appropriate change order if acceptable to the Architect and to the Owner. Upon completion of the Plans and Specifications, as part of Kirco's bidding process Kirco will obtain bids that reflect the actual difference in cost resulting from the changes requested by Owner. Upon award of the contracts by Kirco, the amount of the difference in cost resulting from the changes requested by Owner as bid by the successful bidder for that work or material will, as applicable, be added to or subtracted from the Contract Price, together with any increase or decrease in Kirco's on-site personnel costs resulting from such change and, in the case of a change in costs, a proportional increase or decrease in the Construction Fee will be added or deducted from the Contract Price. Kirco's on-site personnel costs shall include direct salary or hourly pay, reasonable and customary fringe benefits and ordinary and necessary employer costs directly related to such change. Kirco's administrative and overhead costs are included in the Development Fee and there will be no separate adjustment for such costs. c. Upon completion of the final plans, Kirco shall deliver the same to Owner and Owner shall have ten (10) business days following the date of delivery to Owner to review and approve or comment in writing on the design and development drawings. If Owner timely comments or raises any objection to the final drawings Kirco shall address the comments and objections with the Architect within ten (10) business days and, if necessary, will convene a meeting between representatives of Kirco, Owner and the Architect to resolve any outstanding issues. Upon completion of any revised plans and delivery of the same to Owner, Owner shall have ten (10) business days to review and approve or comment in writing on them. If a second set of revised plans is necessitated by Owner's timely comments the parties shall follow the same procedure as in the case of the first set of revised plans. Upon review, revision and approval in accordance with the foregoing the design and development plans shall become the Plans and Specifications. If Owner does not provide any written comments or objections to the drawings or Plans and Specifications, including any revisions thereto, to Kirco within the time provided in this Section, Owner shall be deemed to have not approved the drawings and Plans and Specifications as delivered. Thereafter, Owner's review shall only be as necessary or required unless and until Owner requests review of any subsequent drawings. Owner acknowledges that its failure to timely approve such Plans and Specifications in accordance with the Master Building Schedule may result in a delay in the performance of Kirco's work under this Agreement, in which the time in which Kirco is obligated to complete its work under this Agreement shall be extended by one day for each day of Owner delay in such approval. Once the drawings or Plans and Specifications have been approved, or Owner's right to comment or object has expired, any changes or revisions thereafter requested by Owner shall be deemed to be changes which Owner shall be liable for, and shall pay, any increase in the Contract Price directly occasioned by such changes and the cost incurred by Kirco in connection therewith including, without limitation, any additional Architect's fees incurred for the preparation of revisions to the drawings or Plans and Specifications and all additional fees and costs of Kirco's construction contractor. d. Kirco shall be responsible for reviewing the Plans and Specifications and satisfying itself as to the accuracy and completeness of the same, except for those matters pertaining to layout and functionality for Owner's proposed use, which shall be Owner's responsibility to review. Kirco shall provide to Owner for review summaries or, if available, copies of manufacturer's and/or installer's warranties, if any, regarding all major systems, HVAC, windows, roofing, parking (if applicable) and major fixtures which shall meet or exceed commercially reasonable warranties which are normal for construction of this size and type. Kirco shall also advise Owner if extended warranties are available from the manufacturer or installer for any of such components and the extra cost of obtaining the same, if any. Owner may elect, at Owner's expense, to purchase extended warranty coverage if and to the extent available from the manufacturer or installer of any component covered by a separate warranty and, if Owner elects to do so long the Contract Price shall be increased accordingly. Kirco shall bear all responsibility for errors or defects, or failure to meet statutory or code requirements, in the Plans and Specifications of the Building and Improvements, but Owner shall be responsible for any errors or defects in the Plans and Specifications of the Building and Improvements pertaining to layout and functionality for Owner's proposed use. e. Upon completion of the work, Kirco shall provide to Owner at no additional cost to Owner original manufacturer's and installer's warranties regarding all major systems, HVAC, windows, roofing, parking (if applicable) and major fixtures. In addition, five (5) complete sets of "as-built" plans for the Building shall be delivered as soon as practicable following Completion. f. If, after completion of the substituted work and Final Payment by Owner, Owner determines that the Architects have failed to properly design the Building and/or Improvements or changed improvement that there otherwise exists any basis on which Owner intends to pursue a claim against the Architects, Kirco shall assign to Owner all of Kirco's rights and claims under the agreement with the Architects. Owner covenants that Owner will not join Kirco as a party in any suit or proceeding against the Architects unless, and only, if the participation of Kirco in such suit or proceeding is necessary as a matter of substantially equivalent valuelaw to fully adjudicate Owner's claims. PURCHASER UNDERSTANDSIn the latter event Owner shall, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASERif requested by Kirco, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERreassign to Kirco, in whole or in part, all of such previously assigned rights and claims against the Architect and/or take such other action with respect to the assigned claims as may be necessary to permit Kirco to retain a sufficient cause of action against the Architect, whether for indemnity and reimbursement or otherwise, to permit both Owner and Kirco to fully recover on their claims. g. The work to be performed by Kirco for the Contract Price includes all work necessary for the design, obtaining of permits and completion of construction of the Building and Improvements as shown on the Plans and Specifications to be described herein, but subject to certain clarifications identified on Exhibit E. The costs of all work in excess of the clarifications shall be the sole responsibility of Owner and, if installed or completed by Kirco, shall be added to the Contract Price, together with an appropriate increase in the Construction Fee, if applicable.

Plans and Specifications. (a) On or before July 1, 1995 Tenant's space planner, at no cost to Landlord, shall prepare and deliver to Landlord a space for the Premises, showing the proposed location of all partitions and doors and the layout of the Premises. The Unit selection of Tenant's space planner shall be subject to the approval of Landlord. (b) Within seven (7) business days after receipt of the space plan, Landlord will approve or disapprove it in writing, and if disapproved Landlord will provide Tenant with reasons for (c) On or before August 1, 1995, Tenant's space planner will meet with Landlord's Representative and Tenant's Representative to discuss the preparation of a summary of the interior design and color scheme for the Premises (the sum of the design and color scheme approved by Landlord is referred to as the "Design and Color Scheme" below) and to discuss request for any product specifications for materials, products, finishes and work desired by Tenant that Landlord does not consider to be constructed by Seller in substantial conformance with Plans and Specifications standard for the Building (the list of such product specifications prepared by SellerTenant's architectdesignated space planner and approved by Landlord, Pure Design LLC if any, is referred to as the "Above-Standard Product Specification List" below). (the “Architect”d) that are available Without limiting Landlord's right to disapprove of any plans and specifications submitted by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser)Tenant's space planner, and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, it is understood that: (i) to make modifications to the Plans and Specifications required by Space Plan must be compatible in Landlord's judgment with the Town pursuant to use for which space in the Town’s building permit process or required by any building codeBuilding is generally leased, fire code or other code governing the related improvements, and/or (ii) the Design and Color Scheme must (a) conform to substitute the design criteria from time to time established by Landlord for the Building, and (b) be compatible in Landlord's judgment with the design and colors of existing finished space in the Building, and (iii) in no event will Landlord be responsible for the function and maintenance of the Tenant's Improvements (as defined below which are different than Landlord's Building standard improvements. (e) After receipt of Landlord's written approval of the Space Plan, the Design and Color Scheme and any above Standard Product Specification List (as the same may be revised from time to time with Landlord's written approval), Tenant's space planner or change fixturesan engineer selected by Tenant with Landlord's approval will prepare - if required by Landlord or necessary for construction - more detailed construction plans (any such detailed construction plans approved by Landlord, together with the Space Plans, the Design and Color Scheme and any Above-Standard Product Specifications List, are collectively referred to as the "Construction Plans" (see below) for the improvements contemplated in the Space Plan, the Design and Color Scheme and any Above Standard Product Specification List (such improvements are referred to as the "Tenant's Improvements" in this Agreement). Such detailed construction plans may include drawings for partitions, doors, reflected ceiling, telephone outlets, electrical switches and outlets, and Building standard heating, ventilation and air conditioning equipment and materialscontrols. Within seven (7) business days after any more detailed construction plans are delivered to Landlord, Landlord shall approve or disapprove the same in writing, and make other minor modifications if disapproved Landlord shall provide Tenant reasons for disapproval. Tenant will cause the more detailed construction plans to be revised (to satisfy Landlord's objections) and resubmitted for Landlord's review within three (3) business days after the receipt of Landlord's written disapproval. The foregoing process shall continue until the more detailed construction plans are approved by Landlord. (f) All Construction Plans must be approved by Landlord in writing prior to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is commencement of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is construction of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERTenant's Improvements.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans and Specifications dated January 10, 2024, Job No. 23.002 (the “Plans and Specifications”) prepared by Seller's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.

Plans and Specifications. Tenant shall be solely responsible for the preparation and submission to Landlord of the architectural, electrical, mechanical and plumbing construction design drawings, construction plans and specifications required to permit, construct and complete the TIW (called "TIW Plans") and all and all other information required by Landlord and the General Contractor necessary to perform the TIW. The Unit TIW Plans shall be subject to the approval of Landlord's architect and engineers and shall comply with their requirements to avoid aesthetic or other conflicts with the design and function of the Building. If requested by Xxxxxx, Xxxxxxxx's architect will be constructed by Seller prepare the TIW Plans necessary for the TIW at Tenant's cost. Whether or not the TIW Plans are prepared with the help (in substantial conformance with Plans and Specifications prepared by Sellerwhole or in part) of Xxxxxxxx's architect, Pure Design LLC Xxxxxx agrees to remain solely responsible for the preparation and submission of the TIW Plans and all costs related thereto. Xxxxxx has assured itself by direct communication with the architect and engineers (Landlord's or its own, as the “Architect”case may be) that are available the Final Plans can be delivered to Landlord on or before the Final Plans Date, provided that Tenant promptly furnishes complete information concerning its requirements to said architect and engineers as and when requested by following Hyperlink 5.b listed them and Landlord responds with its approval or disapproval of the TIW Plans and any revisions to the TIW Plans within the periods specified in this Section 3.2; and Tenant covenants and agrees to cause said Final Plans to be delivered to Landlord on Attachment 2 or before Final Plans Date and to this Agreement (devote such time as may be necessary in consultation with said architect and engineers to enable them to complete and submit the TIW Plans before the Final Plans Date. Time is of the essence in respect of the preparation and submission of plans by Xxxxxx and Xxxxxxxx's response to each submission of the TIW Plans or copying same and pasting into an internet browser)the revised TIW Plans by Xxxxxx. The TIW Plans shall require Landlord's approval, which shall not be unreasonably withheld, delayed or conditioned. Landlord shall give Tenant notice, in reasonable detail, of any reasonable objections or concerns Landlord may have with respect to any TIW Plans or revised TIW Plans within 7 business days after Landlord's receipt of TIW Plans or revisions, and Purchaser acknowledges delivery if Landlord does not give such notice within the aforesaid 7-business day period, Landlord shall be deemed to have approved the TIW Plans in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”)question. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, Landlord shall not be deemed unreasonable for withholding approval of plans which (i) to make modifications to involve or might affect any structural element or exterior element of the Plans and Specifications required by the Town pursuant to the Town’s building permit process Building or required by any building codeportion thereof, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that might, in Landlord's reasonable opinion, materially adversely affect the modification value of the Building or any portion thereof, or (iii) might materially adversely affect the proper functioning of the Building systems. If Landlord reasonably and timely objects to the TIW Plans, or any portion thereof, Tenant shall cause the TIW Plans to be revised in a manner sufficient to remedy Landlord's reasonable objections and respond to Landlord's reasonable concerns and redelivered to Landlord as soon as reasonably possible after Xxxxxx's receipt of Landlord's notice of objection (Tenant hereby agreeing to use best efforts to respond within five (5) business days). The aforesaid process shall be repeated until the plans are approved by Landlord. The final TIW Plans approved by Landlord shall be called the "Final Plans." Tenant shall use diligence to submit revised TIW Plans and both parties shall cooperate to diligently complete the Final Plans by the Final Plans Date. Landlord shall cause the TIW to be completed, in accordance with this Lease, by Erland Construction (the "General Contractor") and by subcontractors selected and engaged by Landlord and the General Contractor. Landlord shall cause the General Contractor to obtain competitive bids for the TIW from at least three subcontractors for each major trade of work involved in the TIW. Tenant shall have the right to specify one subcontractor reasonably acceptable to Landlord to participate in such competitive bidding for each such trade. One of the three subcontractors shall employ non-union labor, unless no such subcontractor is available to perform any particular trade. Landlord shall cause the General Contractor to accept the lowest qualified bid submitted for each such trade unless such bid fails to conform to the Final Plans or the requirements of this Lease. Within 10 business days after the date of the delivery of Final Plans to Landlord, Landlord shall provide to Tenant a written summary (the "Cost Proposal") of the cost of the TIW, based on the Final Plans. The Cost Proposal (and any revisions thereto) shall include such reasonable supporting documentation as Tenant shall reasonably require to confirm the accuracy of the calculation of Tenant's Share (as hereinafter defined) and compliance with the terms of this Lease. Tenant shall give written notice to Landlord of any disapproval of the Cost Proposal, together with reasons for such disapproval, within five business days after receiving the Cost Proposal from Landlord. Tenant shall not unreasonably withhold or condition its approval of the Cost Proposal. If Tenant fails to deliver such notice of disapproval to Landlord within such five-business-day period, Tenant shall be deemed to have approved the Cost Proposal. If Tenant reasonably disapproves the Cost Proposal within such five-business-day period, Tenant shall revise the Final Plans within such 5-day period, subject to Landlord's approval, which shall not be unreasonably withheld, delayed or conditioned. Within 5 business days after Xxxxxx's submitting of the revised Final Plans, Landlord shall submit a revised Cost Proposal to Tenant based on the revised Final Plans and shall then be released to commence the TIW. Tenant and Landlord agree to hold weekly project meetings with the architect and contractor commencing fourteen (14) days after the date this Lease is executed. In calculating the costs of Xxxxxxxx's Work for the purpose of determining Tenant's Share (the "Contract Price"), such costs shall include only the sum of (i) fees and expenses paid to architects and engineers in connection with the preparation and revision of the Final Plans, (ii) the total of all bids from subcontractors accepted by the General Contractor in accordance with this Lease (the "Hard Costs"), (iii) a charge for the General Contractor's general conditions (equitably allocated to the TIW) not to exceed ten (10%) percent of the Hard Costs (the "General Conditions") and a fee equal to 5% of the sum of the Hard Costs PLUS the General Conditions, and (iv) a fee payable to Nordblom Development Company on account of the management of Landlord's Work equal to 3% of the sum of the Hard Costs, PLUS the General Conditions, PLUS the General Contractor's fee. Landlord shall complete Landlord's Work at its sole expense, subject to reimbursement by Tenant of the amount ("Tenant's Share") by which the Contract Price, as specified in the Cost Proposal (subject to increases or decreases under the next paragraph), exceeds the Allowance. If, after the Cost Proposal has been approved by Landlord and Tenant, Tenant requests any changes or substitutions to the Final Plans, all such changes shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned. Before implementing any such change or substitution, Landlord shall prepare and deliver to Tenant, for Tenant's approval, a change order, on the form attached to this Lease as Exhibit D, setting forth any increase or decrease in the Contract Price resulting from such change. If Tenant fails to approve such change order within five business days after receiving it from Landlord, Tenant shall be deemed to have withdrawn its request. If Tenant approves such change order, Landlord shall make the requested change or substitution is to Landlord's Work and shall revise the Cost Proposal if necessary. Landlord shall cause its General Contractor to retain until ninety (90) days after the substantial completion of substantially equivalent valuethe Leasehold Improvements complete and accurate financial records with respect to all costs and expenses incurred in connection with the performance of the Landlord's Work, and Tenant shall have the right to inspect such records during normal business hours for the purpose of verifying such costs. Without limiting Tenant shall pay to Landlord 50% of Tenant's Share, determined in accordance with the foregoingfinal Cost Proposal approved by Landlord and Tenant (the "First Payment"), within ten business days after receiving such Cost Proposal. On the Commencement Date, Tenant shall pay to Landlord a sum equal to 90% of Tenant's Share, determined in accordance with such Cost Proposal, as increased or decreased by any change orders, less the event that substitutions or changes are made by Seller due amount of the First Payment. Any contrary provision of this Lease notwithstanding, until completion of all Punch List Items, Tenant shall have the right to unavailability or unreasonable delivery delays, Seller will attempt retain a sum equal to secure reasonably comparable fixtures, equipment or materials but no assurance is made that ten percent of Tenant's Share. Tenant shall pay Landlord such retained sum within 30 days after the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is completion of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERall Punch List Items.

Plans and Specifications. The Unit will Building and improvements shall be constructed by Seller substantially as depicted on approved site plan for the project, a copy of which is attached hereto as Exhibit D, and in substantial conformance accordance with the Scope of Work for the project, the final design/development Plans and Specifications for the Building and Improvements to be prepared by Seller's architect, Pure Design LLC Xxxxxxxx (hereinafter the "Architect" or "Architects) consistent with the foregoing and to be mutually approved by Kirco and Owner in writing and to be attached hereto as Exhibit F (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same "Plans and pasting into an internet browserSpecifications"), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make any modifications or changes to the Plans and Specifications required that may hereafter be agreed to by Kirco and Owner; provided, that any change from the preliminary plan and Scope of Work that is reflected in the final Plans and Specifications that results in a change in cost to Kirco, including without limitation any change in the design of the roof from the design originally contemplated by the Town pursuant to the Town’s building permit process or required parties, shall be set forth in a written Change Order approved and signed by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment Kirco and materialsOwner, and the Contract Price shall be increased or decreased accordingly. The foregoing notwithstanding, Kirco reserves the right to make other minor modifications to reasonable changes or substitutions of substantially equivalent products and materials for those listed in the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to of unavailability or unreasonable delivery delaysunanticipated price increases or to avoid unnecessary delays in the construction of the Building, Seller such changes to be agreed in advance by Owner, whose consent shall not unreasonably be withheld or delayed. Once the Plans and Specifications and Scope of Work have been approved in writing by both Kirco and Owner, if the Owner requests any changes in the Scope of Work, any upgrade in materials or any variation from the preliminary plans prior to completion of the Plans and Specifications, Kirco will attempt obtain an estimate of any cost differential resulting from such change from one or more of Kirco's contractors or suppliers, as applicable, and shall provide that estimate to secure reasonably comparable fixturesOwner, equipment along with an estimate of the increase or materials but no assurance is made decrease in Kirco's on-site personnel costs, if any, resulting from such change, and Owner shall notify Kirco in writing within ten (10) business days thereafter if Owner desires to include that change in the substituted Plans and Specifications. In the absence of a timely notice electing to make such change, Owner shall be deemed to have elected to not make such change. Upon completion of the Plans and Specifications, as part of Kirco's bidding process Kirco will obtain bids that reflect the actual difference in cost resulting from the changes requested by Owner. Owner shall have the right to approve or changed improvement will match disapprove the improvement described actual cost as reflected in the bids and to withdraw the request for a change in the Plans and Specifications, so long provided that such approval or disapproval must be communicated to Kirco in writing within ten (10) days after delivery of the bids to Owner. If Owner fails to disapprove the bids within that time period, Owner will be deemed not to have approved the bids. Upon award of the contracts by Kirco, the amount of the difference in cost resulting from the changes requested by Owner as bid by the successful bidder for that work or material will, as applicable, be added to or subtracted from the Contract Price, together with any increase or decrease in Kirco's on-site personnel costs resulting from such change and, in the case of an increase in the costs, a construction management fee equal to five percent (5%) of all the additional costs, including Kirco's on-site personnel costs, shall also be added to the Contract Price. Kirco's on-site personnel costs shall include direct salary or hourly pay, reasonable and customary fringe benefits and ordinary and necessary employer costs directly related to such change. Upon completion of the proposed Plans and Specifications, Kirco shall deliver the same to Owner and Owner shall have ten (10) business days following the date of delivery to Owner to review and approve or comment in writing on the proposed Plans and Specifications. If Owner timely comments or raises any objection to the proposed Plans and Specifications, Kirco shall address the comments and objections with the Architect within five (5) business days and, if necessary, will convene a meeting between representatives of Kirco, Owner and the Architect to resolve any outstanding issues. Upon completion of any revised proposed Plans and Specifications and delivery of the same to Owner, Owner shall have five (5) business days to review and approve or comment in writing on them. If a second set of revised proposed Plans and Specifications is necessitated by Owner's timely comments, the parties shall follow the same procedure as in the case of the first set of revised plans. Upon review, revision and approval in accordance with the foregoing, the proposed Plans and Specifications shall be attached to this Agreement as Exhibit F and shall be the final Plans and Specifications. Once the final Plans and Specifications have been approved, any changes or revisions thereafter requested by Owner shall be deemed to be changes concerning which Owner shall be liable for, and shall pay any increase in the Contract Price directly occasioned by such changes and the cost incurred by Kirco in connection therewith including, without limitation, any additional Architect's fees incurred for the preparation of revisions to the design and development drawings or Plans and Specifications and all additional fees and costs of Kirco's construction contractor. Kirco shall be responsible for reviewing the Plans and Specifications and satisfying itself as to the accuracy and completeness of the same, except for those matters pertaining to layout and functionality for Owner's proposed use, which shall be Owner's responsibility to review. Kirco shall provide summaries or copies of manufacturer's and installation warranties for Owner's approval regarding all major systems, HVAC, windows, roofing, parking and major fixtures which shall meet or exceed commercially reasonable warranties which are normal for construction of this size and type. Subject to the limitations on Kirco's liability set forth in Section 13 below, Kirco shall bear all responsibility for any errors or defects in the Plans and Specifications of the Building and Improvements with respect to the types, characteristics and specifications of appropriate materials or components, but Owner shall be responsible for any errors or defects in the Plans and Specifications of the Building and Improvements pertaining to layout and functionality for Owner's proposed use. Upon completion of the work, Kirco shall provide to Owner at Kirco's expense original manufacturer's and installer's warranties to Owner regarding all major systems, HVAC, windows, roofing, parking and major fixtures, and three (3) complete sets of "as-built" plans for the Building, which shall be delivered as soon as practicable following Substantial Completion. Failure of Kirco's subcontractors relating to the timely delivery of the as-built plans shall not excuse Kirco's performance. Simultaneously with the signing of this Agreement, the Architect has delivered to Owner a statement to the effect that the Architect has acted as architect for Owner and that Owner is entitled to rely upon the Architect's professional expertise in Owner's approval of the Plans and Specifications. The Architect shall provide proof of professional liability insurance to Owner. Kirco shall not be liable for the cost of, and the work to be performed for the Contract Price by Kirco does not include, certain items identified as "Exclusions" on Exhibit B and Exhibit C, all of which costs shall be the responsibility of Owner and shall be added to the Contract Price. In general, all work not expressly included within the Scope of Work and not reflected in the Plans and Specifications approved by Owner and Kirco shall be an exclusion from the work; provided, however, it is contemplated that completion of all construction pursuant to all approved Plans and Specifications is included within the Contract Price, as the substituted or changed improvement is same may be adjusted in accordance with the terms of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERthis Agreement.

Plans and Specifications. The Unit Purchaser acknowledges its approval of the Plans and Specifications. Except as provided below, Sellers will not make, or cause or permit to be constructed by Seller in substantial conformance with made, any change to the Plans and Specifications prepared unless a request for the change has been submitted in writing to Purchaser and approved in writing by Sellerthe construction manager or general contractor, as the case may be, any tenants whose approval is required, Purchaser and such other parties as Purchaser may require. Purchaser's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 approval may be subject to this Agreement (or copying same such terms and pasting into an internet browser), and conditions as Purchaser acknowledges delivery in this manner as being acceptable and accepted reasonably may prescribe. Under no circumstances will any failure by Purchaser (to respond to a request for approval of a change in the “Plans and Specifications”)Specifications be deemed to constitute approval of the request. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT ANDSellers will deliver promptly to Purchaser copies of all bulletins, BY SIGNING THIS AGREEMENTaddenda, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make change orders and modifications to the Plans and Specifications required by Specifications. Purchaser has the Town pursuant right at all times to require strict compliance with the Town’s building permit process or required by any building codeoriginal Plans and Specifications, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to but Sellers may effect changes in the Plans and Specifications as Seller determinesfrom time to time, providedwithout first obtaining Purchaser's approval, however, under either if (i) the changes do not impair the structural integrity, design concept or architectural appearance of the Construction Facilities or change the useable area of the Construction Facilities in any way, (ii) above that the modification changes will not result in a default in any other obligation to any other party or substitution is authority and (iii) the changes will not result in a net increase or decrease in the total Project Costs of substantially equivalent valueFIVE THOUSAND DOLLARS ($5,000) Dollars or more in the case of any one change or FIFTY THOUSAND DOLLARS ($50,000) Dollars or more in the aggregate for all changes. Without limiting Notwithstanding the foregoing, to the extent that the cost to complete the Construction Facilities exceeds the Completion Holdback (whether or not as a result of any such changes in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delaysPlans), Seller Sellers will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that be responsible for payment of the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERexcess.

Plans and Specifications. The Unit will be constructed Lessee shall deliver to Lessor, for approval by Seller in substantial conformance with Lessor and Agent, the Plans and Specifications prepared for all new improvements it elects to make to each Tract of Property. Once any Plans and Specifications for any Tract of Property are so delivered and approved by Seller's architectLessor and Agent, Pure Design LLC Lessee shall not agree to or permit any revision, amendment, supplementation or other modification to such Plans and Specifications without the written consent of Lessor if such revision, amendment, supplementation or modification (either alone or together with all prior revisions, amendments, supplementations and modifications to all Plans and Specifications for all of the “Architect”Tracts of Property) that are available by following Hyperlink 5.b listed on Attachment 2 is reasonably likely to: (a) Cause the Acquisition Prices plus all other costs and expenses of acquiring all of the Tracts of Property and constructing all of the New Improvements to all the Tracts of Property in accordance with this Agreement (including all Permitted Improvement Costs and Permitted Transaction Expenses paid or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (to be paid with Advances) to exceed the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, lesser of (i) the Total Commitment and (ii) the sum of the most recent Expiration Date Appraisals for all of the Tracts of Property (or, in the case of any Tract of Property for which Lessee does not deliver an Expiration Date Appraisal, the Closing Date Appraisal therefor) ; (b) Make it difficult or impossible to make modifications Complete the construction of all the New Improvements to such Tract of Property in accordance with this Agreement on or prior to the Outside Completion Date; or (c) Cause the Fair Market Value of such Tract of Property to be less than the most recent Expiration Date Appraisal for such Tract of Property (or, in the case of any Tract of Property for which Lessee does not deliver an Expiration Date Appraisal, the Closing Date Appraisal therefor) or otherwise decrease in any material amount. Lessee shall notify Lessor promptly in writing of any revision, amendment, supplementation or other modification to the Plans and Specifications required by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVER.

Plans and Specifications. The Unit Tenant agrees that it will be constructed perform improvements to the Leased Premises as provided for in Exhibit B attached hereto and by Seller in substantial conformance with Plans this reference made a part hereof pursuant to plans and Specifications prepared by Seller's architect, Pure Design LLC specifications mutually acceptable to Landlord and Tenant (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “"Plans and Specifications”"), which are to be submitted, reviewed and approved by Landlord and Tenant prior to the completion of the construction thereof. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT ANDIn the event that one party hereto shall desire, BY SIGNING THIS AGREEMENTor shall find it necessary to make, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONSany modifications or changes to the Plans and Specifications, the party desiring or requiring said changes shall give the other party written notice thereof. Seller reserves the right, at its option, (i) to make modifications No change to the Plans and Specifications required shall be effective unless and until it has been approved in writing by the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment both Landlord and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent valueTenant. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the The Plans and Specifications, so long as amended, shall thereafter, for all purposes, be considered the substituted "Plans and Specifications" hereunder. Notwithstanding the foregoing, Tenant acknowledges that in the course of construction, certain changes, deviations or changed improvement omissions may be required by governmental authorities or job conditions and Tenant agrees to such changes, deviations or omissions, provided that such changes, deviations, or omissions do not materially alter the value or appearance of the Leased Premises or materially reduce the quality of materials used in the construction of the improvements thereto. Tenant understands and agrees that any plans, renderings or drawings or similar documents which purport to depict any improvements to the Leased Premises are merely an approximation of, and may not necessarily reflect, actual, as-built conditions. Landlord shall, upon Tenant's request, during the period of Tenants possession of the Leased Premises, permit Tenant to jointly exercise with Landlord the rights and benefits accruing under any warranties, guaranties and service agreements, if any, covering those portions of the Leased Premises for which Tenant is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERresponsible under Paragraph 6 hereof.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with (a) Purchaser acknowledges that the Plans for the Project listed on Exhibit C attached hereto and Specifications prepared by Seller's architect, Pure Design LLC made a part hereof (the “ArchitectBuilding Design Plans”) have heretofore been submitted to it for its review and approval and that Purchaser has approved the Building Design Plans as suitable for the development and operation of the Hotel. (b) As drawings and specifications for the Hotel are available by following Hyperlink 5.b listed on Attachment 2 further developed from time to this Agreement time and a construction (or copying same and pasting into an internet browserbuilding permit) set of drawings, details and specifications therefor are developed (“Final Building Plans”), Seller agrees that such drawings, details and specifications shall be submitted to Purchaser. Seller may elect to submit to Purchaser acknowledges delivery Plans as they are developed in this manner such stages as being acceptable Seller in good faith believes determines would be beneficial for review thereof. Purchaser shall have the right to approve the Final Building Plans (and accepted by Purchaser any other Plans prepared hereafter) only to the extent such plans and specifications for the Hotel (and Hotel-Related Project Components) differ in any material respects in scope or quality from the Building Design Plans (“Plans and SpecificationsPurchaser’s Plan Approval”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves Purchaser shall not have the right, at its option, right to disapprove Final Building Plans (ior any other further development of the Building Design Plans) that is consistent with and reasonably inferable from the Building Design Plans (or from any other Plans approved by Purchaser). (c) In no event shall Purchaser be entitled to make modifications approve changes to Project components other than the Plans and Specifications required by Hotel (including the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent valueHotel-Related Project Components). Without limiting the foregoing, Seller shall be entitled to change the number of Units or apartments or otherwise modify the use or configuration of any or all of the other Project components, provided that parking must be maintained sufficient for Hotel use and in any event sufficient to satisfy the requirements of the Building Operating Agreement. (d) Purchaser shall not unreasonably withhold or delay its approval of any Plans. If Purchaser withholds Purchaser’s Plan Approval to the Plans which Purchaser is entitled to disapprove, Purchaser shall provide to Seller, within fifteen (15) days after its receipt of the applicable draft or version of such drawings, details and specifications, written notice (“Purchaser’s Plan Approval Rejection Notice”) of its decision to withhold Purchaser’s Plan Approval, together with its reasons therefor (in reasonable detail and in writing) and with a description of proposed changes thereto in order to obtain Purchaser’s Plan Approval, and Seller and Purchaser shall cooperate with one another and act in good faith in determining as soon as reasonably possible whether and, if so, to what extent to incorporate such changes into the Final Building Plans. If Purchaser fails to provide Seller with Purchaser’s Plan Approval Rejection Notice within the above review period and does not approve thereafter within five (5) days after request by Seller, then Purchaser shall be deemed to have given Purchaser’s Plan Approval with respect to the matters or items in question. (e) Purchaser may request changes (in addition to Purchaser’s Plan Approval, which is governed by the preceding paragraph) to the proposed Plans for the Hotel within the general scope and design set forth in the event that substitutions Plans. Any such changes shall be considered and either accepted or changes are made rejected by Seller due to unavailability or unreasonable delivery delaysin good faith and in the exercise of reasonable discretion. Upon request by Purchaser, Seller shall provide information as to the cost of a change. If, individually or collectively, Purchaser requests material changes to the Plans which are accepted by Seller, as aforesaid, the Purchase Price shall be increased or decreased to reflect the cost (or reduction in cost) to Seller of such changes. (The costs payable by Purchaser in connection with any change requested by Purchaser to Seller’s Work shall include, without limitation, design, architectural and engineering costs.) The cost to Seller of any change increasing the cost of Seller’s Work shall include a markup for overhead of ten percent (10%). Seller may, at its option, require Purchaser to pay for such cost increases ordered by Purchaser before performing such work. (Seller agrees not to request such advance payment for changes until such changes aggregate more than $100,000.) Seller shall in no event be obligated to accept any requested changes which would delay or complicate construction. The Final Building Plans shall also be deemed to include mutually agreed upon details and any modifications thereof agreed to by Seller and Purchaser in writing. (f) Once approved (or deemed approved) to the extent Purchaser’s Plan Approval is required, Seller shall not amend the Final Building Plans in any manner which will attempt materially adversely affect the Hotel (or Hotel-Related Project Components) without the consent of Purchaser, which consent shall be given or withheld in Purchaser’s reasonable discretion and Purchaser’s Plan Approval shall be subject to secure reasonably comparable fixturesthe procedures and requirements set forth in Section 2.1(d). With respect to any other material amendments to the Final Building Plans which would materially affect the Hotel, equipment or materials but no assurance Seller shall give Purchaser notice thereof promptly after the amendment is made and, to the extent practical, before the change is integrated into the construction. Purchaser recognizes that in constructing the substituted Project the General Contractor will make changes from the Plans, including substituting materials. Such changes, including, without limitation, field condition changes, shall be permitted within normal construction tolerances and otherwise in accordance with the General Contract. No approval by Purchaser shall be required for changes required by governmental authorities which do not materially interfere with use of the Hotel for its intended purposes; Seller shall endeavor to notify Purchaser promptly of any such required change which is material. (g) Seller shall additionally cause the interior of the Hotel Suites to be furnished according to the finish standards attached as Exhibit D hereto and made a part hereof (the “Finish Standards”), which consist of the standard finish package the Seller is utilizing for the Units as modified per agreement of the parties. The Finish Standards for the Hotel Suites shall be exclusive of upgrades (except as paid for by Purchaser). The ceiling heights shall be approximately 8-1/2 feet. (h) Approval by Purchaser of Plans shall not constitute a waiver of any requirements with respect to completion of the Hotel, nor give rise to any liability by Purchaser to Seller, the General Contractor or changed improvement will match any third party whatsoever for the improvement described in the Plans and Specificationsadequacy, so long as the substituted completeness or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERdesign thereof.

Plans and Specifications. (a) The Unit will be constructed by Seller in substantial conformance with Plans Improvements are comprised of two parts: (i) that part consisting of the construction of the Building containing approximately 80,028 rentable square feet and Specifications prepared by Seller's architectsite improvements, Pure Design LLC including but not limited to, parking spaces, driveways, sidewalks, landscaping and all other related site and infrastructure work (collectively, the “Project Improvements”); and (ii) that part relating to the interior tenant improvements within the Building (the “ArchitectTenant Improvements”). (b) that The preliminary plans and specifications approved by Landlord and Tenant for the Project Improvements are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser Exhibit B attached hereto (the “Preliminary Project Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT ANDUpon completion of the preliminary plans and specifications for the Tenant Improvements, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONSLandlord and Tenant will prepare and initial a listing thereof and will attach same as Exhibit C hereto (the “Preliminary Tenant Improvement Plans and Specifications”). Seller reserves the right, at its option, (i) to make modifications to the The Preliminary Project Plans and Specifications required by and the Town pursuant to the Town’s building permit process or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Preliminary Tenant Improvements Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above shall be utilized in connection with the preparation of the final plans and specifications for the Project Improvements and the Tenant Improvements. Landlord and Tenant intend to work collaboratively to develop final plans and specifications for the Project Improvements and Tenant Improvements in accordance with the provisions of this Section 2. Tenant acknowledges that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, certain milestones must be met in the event that substitutions or changes plan development process in order for Landlord to achieve Tenant’s desired date for Substantial Completion. The time frames set forth in this Section are made by Seller due intended to unavailability or unreasonable delivery delaysfacilitate the parties’ progress towards such date. (c) Landlord shall cause Xxxxxxxx Xxxxxxx/Architects, Seller will attempt Inc. (the “Project Architect”) to secure reasonably comparable fixtures, equipment or materials but no assurance is made that prepare proposed final plans and specifications for the substituted or changed improvement will match Project Improvements in accordance with the improvement described in the Preliminary Project Plans and Specifications, and submit the proposed final plans and specifications to Tenant for Tenant’s approval. If Tenant rejects the proposed final plans and specifications for the Project Improvements (in whole or in part), Tenant shall specify in sufficient detail the reason(s) for Tenant’s rejection (or partial rejection, as applicable). If Tenant responds to such plan set, then such portion thereof not rejected by Tenant shall be deemed to be approved. In the event Tenant thereafter modifies or objects to any portion of the plan set previously approved by Tenant, any delay caused by such modification or objection shall be deemed to be a Tenant Delay (hereinafter defined). Following any modification or objection by Tenant, Landlord must revise the proposed final plans and specifications and resubmit such plans for Tenant’s approval as soon as reasonably practicable. Upon Tenant’s approval, Landlord’s proposed final plans and specifications for the Project Improvements will constitute the “Final Project Plans and Specifications”. In the event the Final Project Plans and Specifications are not approved by Tenant within ten (10) days after the Effective Date, each Work Day thereafter until the same are approved shall be deemed to be an Excused Delay (hereinafter defined). (d) Tenant shall cause proposed final plans and specifications for the Tenant Improvements to be prepared in accordance with the Preliminary Tenant Improvement Plans and Specifications. Landlord shall have three (3) business days after receipt within which to approve or reject the proposed final plans and specifications. Landlord’s failure to approve such plans and specifications within such three (3) business days period shall be deemed to be an approval thereof by Landlord. If Landlord rejects the proposed final plans and specifications for the Tenant Improvements (in whole or in part), Landlord must specify in sufficient detail the reason(s) for Landlord’s rejection (or partial rejection, as applicable). If Landlord responds to such plan set, then such portion thereof not rejected by Landlord shall be deemed to be approved. In the event Tenant thereafter modifies or objects to any portion of the plan set previously approved by Landlord, any delay caused by such modification or objection shall be deemed to be a Tenant Delay. Following any modification or objection by Landlord, Tenant must revise the proposed final plans and specifications and resubmit such plans for Landlord’s approval. Upon Landlord’s approval, the proposed final plans and specifications for the Tenant Improvements will constitute the “Final Tenant Improvement Plans and Specifications”. In the event the Final Tenant Improvement Plans and Specifications are not approved by Landlord by February 24, 2006 for any reason other than delays caused by Landlord, each day thereafter until the same are approved shall be deemed to be an Excused Delay (hereinafter defined). Landlord agrees not to unreasonably withhold its consent to any proposed final plans and specifications for the Tenant Improvements so long as they are consistent with the substituted Preliminary Tenant Improvement Plans and Specifications. (e) The Final Project Plans and Specifications and the Final Tenant Improvement Plans and Specifications are sometimes collectively referred to in this Lease as the “Final Plans and Specifications.” Only the signature or changed improvement is initials of substantially equivalent valuean authorized representative of Landlord referenced in Section 3.2(b) and an authorized representative of Tenant referenced in Section 3.2(b) will evidence approval of the Final Plans and Specifications. PURCHASER UNDERSTANDSTenant must appoint an employee of Tenant [if not an authorized representative of Tenant referenced in Section 3.2(b)] to review the plans and specifications that Landlord proposes for adoption as the Final Plans and Specifications so as not to delay unreasonably the completion of the Improvements. Tenant’s review and approval of the Final Plans and Specifications, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASERshop drawings, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERsamples or other construction related items will create no responsibility or liability on Tenant’s part for their completeness (except as to compliance with the Preliminary Project Plans and Specifications and Preliminary Tenant Improvement Plans and Specifications), sufficiency for their intended purpose, or degree of compliance with Legal Requirements (hereinafter defined).

Plans and Specifications. The Unit will be constructed Within ten (10) days after the date of execution of this Lease by Seller in substantial conformance with Plans Landlord and Specifications prepared by Seller's architectTenant, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 Landlord shall prepare and submit to this Agreement (or copying same Tenant a set of plans and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser specifications and/or construction drawings (the “Plans and Specifications”)) covering all work to be performed by Landlord in constructing the leasehold improvements to the Leased Premises, which shall be based on the Scope of Work attached as Exhibit B hereto. PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONSTenant shall have three (3) business days after receipt of the Plans and Specifications in which to review the Plans and Specifications and to give Landlord written notice of Tenant’s approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Seller reserves the right, at its option, (i) Tenant shall have no right to make modifications request any leasehold improvements or any changes to the Plans and Specifications required by which would materially alter the Town pursuant Leased Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Tenant fails to the Town’s building permit process approve or required by any building code, fire code or other code governing the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications request changes to the Plans and Specifications within three (3) business days after its receipt of the Plans and Specifications, then Tenant shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Tenant requests any changes to the Plans and Specifications, Landlord shall make those changes which are reasonably requested by Tenant and shall within three (3) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Tenant. Tenant may not thereafter disapprove the revised portions of the Plans and Specifications unless Landlord has unreasonably failed to incorporate reasonable comments of Tenant and, subject to the foregoing, the Plans and Specifications, as Seller determinesmodified by said revisions, providedshall be deemed to be final upon the submission of said revisions to Tenant. Tenant shall at all times in its review of the Plans and Specifications, howeverand of any revisions thereto, under either (i) or (ii) above that the modification or substitution is of substantially equivalent valueact reasonably and in good faith. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due Tenant agrees to unavailability or unreasonable delivery delays, Seller will attempt confirm Tenant’s consent to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERSpecifications in writing within three (3) business days following Landlord’s written request therefor.

Plans and Specifications. The Unit will be constructed by Seller in substantial conformance with Plans Prior to making any Alterations, Tenant, at its expense, shall (i) submit to Landlord for its approval, detailed plans and Specifications prepared by Seller's architect, Pure Design LLC specifications (the “Architect”"PLANS") that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement of each proposed Alteration (or copying same other than Decorative Alterations and pasting into an internet browserAcceptable Alterations), and Purchaser acknowledges delivery with respect to any Alteration affecting any Building System, evidence that the Alteration has been designed by, or reviewed and approved by, Landlord's designated engineer for the affected Building System, (ii) obtain all permits, approvals and certificates required by any Governmental Authorities, (iii) furnish to Landlord duplicate original policies or certificates of worker's compensation (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors in this manner connection with such Alteration) and commercial general liability (including property damage coverage) insurance and Builder's Risk coverage (as being acceptable described in ARTICLE 11), issued on a completed value basis, all in such form, with such companies, for such periods and accepted by Purchaser in such amounts as Landlord may reasonably require, naming Landlord, Landlord's Agent, any Lessor and any Mortgagee as additional insureds, and (the “Plans iv) furnish to Landlord reasonably satisfactory evidence of Tenant's ability to complete and Specifications”to fully pay for such Alterations (other than Decorative Alterations and Acceptable Alterations). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED Landlord shall respond to any request for approval of Tenant's Plans within 8 Business Days after such request is made. In addition, Landlord agrees to respond to any resubmission of the Plans within 5 Business Days after resubmission to Landlord. If Landlord fails to respond to Tenant's request within the applicable review period set forth herein, Tenant shall have the right to provide Landlord with a second request for approval (a "SECOND REQUEST"), which shall specifically identify the Plans to which such request relates, and set forth in bold capital letters the following statement: IF LANDLORD FAILS TO RESPOND WITHIN 2 BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THE PLANS SHALL BE DEEMED APPROVED AND SPECIFICIATIONS AND HAS HAD TENANT SHALL BE ENTITLED TO COMMENCE CONSTRUCTION OF THE OPPORTUNITY TO REVIEW ALTERATIONS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS PRIOR PREVIOUSLY SUBMITTED TO PURCHASER’S EXECUTION OF THIS AGREEMENT ANDLANDLORD AND TO WHICH LANDLORD HAS FAILED TO TIMELY RESPOND. If Landlord fails to respond to a Second Request within 2 Business Days after receipt by Landlord, BY SIGNING THIS AGREEMENTthe Plans or revisions thereto for which the Second Request is submitted shall be deemed to be approved by Landlord, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves and Tenant shall be entitled to commence construction of the rightAlterations or portion thereof to which the Plans relate, at its optionprovided that such Plans have (if required) been appropriately filed in accordance with any applicable Requirements, (i) all permits and approvals required to make modifications be issued by any Governmental Authority as a prerequisite to the Plans performance of such Alterations shall have been duly issued, and Specifications required by the Town pursuant Tenant shall otherwise have complied with all applicable provisions of this Lease relating to the Town’s building permit process performance of such Alterations. Upon Tenant's request, Landlord shall reasonably cooperate with Tenant in obtaining any permits, approvals or certificates required to be obtained by Tenant in connection with any building codepermitted Alteration (if the provisions of the applicable Requirement require that Landlord join in such application), fire code or other code governing provided that Tenant shall reimburse Landlord for its reasonable out-of-pocket costs in connection therewith. In this connection, Landlord shall join in any such applications in order to facilitate the related improvements, and/or (ii) filing thereof by Tenant prior to substitute or change fixtures, equipment and materials, and make other minor modifications to final approval of the Plans and Specifications as Seller determinesin question if requested to do so by Tenant. Tenant shall give Landlord not less than 5 Business Days' notice prior to performing any Decorative Alteration or Acceptable Alteration, provided, however, under either (i) which notice shall contain a description of such Decorative Alteration or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERAcceptable Alteration.

Plans and Specifications. The Unit will be constructed by Seller At Landlord's sole cost and expense, Landlord's Architect shall prepare (A) on or before March 15, 1999, plans and specifications for the civil and structural trades within the Base Building Improvements (such plans and specifications being herein referred to as "CONSTRUCTION PACKAGE #1") substantially in substantial conformance accordance with the 901 Gateway Preliminary Specifications, and (B) on or before May 1, 1999, plans and specifications for all other trades within the Base Building Improvements ("CONSTRUCTION PACKAGE #2 and, together with Construction Package #1, collectively, the "BASE BUILDING PLANS AND SPECIFICATIONS"). Tenant shall have the right to approve the Base Building Plans and Specifications prepared by Seller's architect, Pure Design LLC (the “Architect”) that are available by following Hyperlink 5.b listed on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications only to the extent of any material deviations from the 901 Gateway Preliminary Specifications; provided, however, that such approval shall not be unreasonably withheld, conditioned or delayed and, provided further, that if Tenant fails to respond within ten (10) days following Landlord's request for approval, Tenant shall be conclusively deemed to have given its approval to the matter submitted by Landlord. Notwithstanding the foregoing, the Base Building Plans and Specifications required by are, from time to time, subject to change in Landlord's discretion, upon written consent from Tenant, which consent shall not be unreasonably withheld, conditioned or delayed and provided further that if Tenant fails to respond within five (5) business days following Landlord's request for consent, Tenant shall be conclusively deemed to have given its consent to any such change. Landlord may without the Town pursuant to written consent of the Town’s building permit process or required by any building code, fire code or other code governing Tenant change the related improvements, and/or (ii) to substitute or change fixtures, equipment and materials, and make other minor modifications to the Base Building Plans and Specifications as Seller determines, provided, however, under either (i) may be required by any governmental agency or (ii) above that the modification as necessary to comply with any governmental requirements or substitution is of substantially equivalent value. Without limiting the foregoingto address structural or unanticipated field conditions or which, in the event that substitutions reasonable discretion of Landlord, will not have a material effect on Tenant's use of the Premises or changes are made by Seller due a material effect on the aesthetic appearance or impression relating to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERBase Building Improvements.

Plans and Specifications. The Unit will As soon as reasonably practical after Tenant's execution of this Lease, Tenant shall furnish and submit to Landlord's architect such information as Landlord's architect may request from Tenant to prepare plans, specifications and working drawings for the tenant improvements, including architectural, mechanical and electrical engineering plans, specifications, working drawings and details (collectively, "Final Plans"), including information regarding the location of all partitions, doors, light fixtures, electrical outlets, telephone outlets and other standard and special installations required by Tenant, as well as wall finishes and floor coverings. Thereafter, the parties shall meet and confer as necessary to agree on the Final Plans, which Final Plans shall be subject to the reasonable approval of both parties. Tenant's written approval of the Final Plans shall be deemed Tenant's authorization for Landlord to proceed with Landlord's Work (defined below) in accordance with the approved Final Plans. Landlord shall not be obligated to proceed with Landlord's Work until both Landlord and Tenant have approved the Final Plans. As used herein, the term "Landlord's Work" shall mean the work contemplated by the Final Plans and the term "Improvement Costs" shall mean the cost of the Landlord's Work as performed in accordance with the Final Plans. In addition, as soon as reasonably practical after Tenant's execution of this Lease, Landlord and Tenant shall agree upon the interim improvements (the "Interim Improvements") to be constructed by Seller Landlord in substantial conformance the first floor of the Premises to accommodate the occupancy of Passport Design, Inc. ("Passport") pursuant to the terms of the sublease for the first floor to Passport (the "Passport Sublease"), to be entered into by Tenant and Passport concurrently with Plans the execution of this Lease. The plans for the Interim Improvements shall be subject to the reasonable approval of both parties. In connection with the construction of the tenant improvements referred to in Paragraph 1 above and Specifications prepared the Interim Improvements, the parties hereto acknowledge and agree that the lobby in the first floor of the Premises will consist of a common area foyer and two 50 doors for separate access to the second floor of the Premises and the first floor of the Premises to be occupied by SellerPassport pursuant to the Passport Sublease. Neither preparation of plans by Landlord's architect, Pure Design LLC (the “Architect”) that are available engineer or consultant nor any approval thereof by following Hyperlink 5.b listed Landlord shall constitute any representation or warranty by or on Attachment 2 to this Agreement (or copying same and pasting into an internet browser), and Purchaser acknowledges delivery in this manner behalf of Landlord as being acceptable and accepted by Purchaser (the “Plans and Specifications”). PURCHASER HEREBY ACKNOWLEDGES THAT PURCHASER HAS RECEIVED THE PLANS AND SPECIFICIATIONS AND HAS HAD THE OPPORTUNITY TO REVIEW THE PLANS AND SPECIFICATIONS PRIOR TO PURCHASER’S EXECUTION OF THIS AGREEMENT AND, BY SIGNING THIS AGREEMENT, PURCHASER ACCEPTS AND APPROVES THE PLANS AND SPECIFICATIONS. Seller reserves the right, at its option, (i) to make modifications to the Plans and Specifications required adequacy, efficiency, suitability, fitness or desirability of any space layout or improvements or otherwise constitute assumption by Landlord of any responsibility for the Town pursuant to the Town’s building permit process accuracy or required by sufficiency thereof, or be interpreted as a statement of compliance with code requirements, provided that nothing herein shall abrogate or impair any building coderights of Tenant against such architect, fire code engineer or other code governing the related improvements, and/or (ii) to substitute consultant on account of any errors or change fixtures, equipment and materials, and make other minor modifications to the Plans and Specifications as Seller determines, provided, however, under either (i) or (ii) above that the modification or substitution is of substantially equivalent value. Without limiting the foregoing, in the event that substitutions or changes are made by Seller due to unavailability or unreasonable delivery delays, Seller will attempt to secure reasonably comparable fixtures, equipment or materials but no assurance is made that the substituted or changed improvement will match the improvement described in the Plans and Specifications, so long as the substituted or changed improvement is of substantially equivalent value. PURCHASER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT THE PLANS AND SPECIFICATIONS ARE NOT SUBJECT TO CHANGE AT THE REQUEST OF PURCHASER, AND THAT NO CHANGE ORDER REQUEST WILL BE CONSIDERED BY SELLER WHATSOEVERomissions.