Common use of Quality and Performance of Work Clause in Contracts

Quality and Performance of Work. (a) All construction work required or permitted by this Lease, whether by Landlord or by Tenant, shall be done in a good and workmanlike manner and in compliance with all applicable laws and all ordinances, regulations and orders of governmental authorities and insurers of the Building. Each party may inspect the work of the other at reasonable times, and the Construction Representative of each party shall promptly give notice of any approvals and other actions on the party’s behalf required to be given in connection with design and construction. Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed on the earlier of (i) the Rent Commencement Date with respect to any floor, or (ii) the date on which Tenant commences to occupy any portion of such floor of the Premises for the purpose of conducting its business therein, except for items which are incomplete or do not conform with the requirements of this under this Article 4 and Exhibit C, and as to which in either case Tenant shall have given Landlord notice as provided in the next sentence or Exhibit C. Except to the extent to which Tenant shall have given Landlord notice (y) no later than one (1) year after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of defects not discoverable on a reasonable inspection within the three (3) month period provided for below because of the season of the year then in progress, or (z) no later than the end of the third full calendar month next beginning after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of any other defects, of specific construction items as to which Landlord has failed to perform or has improperly performed the Base Building Work or Landlord’s Work under this Article 4 and Exhibit C, Tenant shall be deemed conclusively to have approved all such work and shall have no claim that Landlord has failed to perform or has improperly performed any of Landlord’s obligations under this Article 4 and Exhibit C. Landlord agrees to exercise any rights Landlord may have against its contractor on account of any latent defects which may be discovered after such one (1) year period, and any recovery resulting therefrom net of the reasonable costs and expenses incurred to obtain the same shall be credited against any Operating Expenses relating to correction of such latent defect. Landlord agrees to promptly complete, correct or repair at its expense those items of Base Building Work or Landlord’s Work which are then incomplete or which Landlord has failed to perform or has improperly performed and as to which, in any case, Tenant shall have given notice to Landlord within such one (1) year or three (3) month period, as applicable, as aforesaid.

Quality and Performance of Work. (a) All construction work required or permitted of the Fifth Expansion Premises Work shall be performed strictly in accordance with Section 3.3 of the Lease. Tenant shall have the Fifth Expansion Premises Work performed by this contractors, reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as the Landlord may reasonably require. Without limiting the generality of the foregoing, and subject to all applicable terms and conditions of the Lease, whether Tenant shall have the right to use Majestic Construction, Inc., as the general contractor for the Fifth Expansion Premises Work. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of the Fifth Expansion Premises Work and any other work which the Tenant may perform under this Lease and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. It shall be Tenant’s obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Fifth Expansion Premises to the extent required by law, and Tenant shall not occupy the Fifth Expansion Premises for the conduct of business until and unless it has obtained such approval and has submitted to Landlord a copy of the same. Additionally, Tenant shall provide waivers of lien from all of Tenant’s general contractors, subcontractors and suppliers performing work of Five Thousand and 00/100 Dollars or more, in the aggregate, in the recordable forms attached to the Third Amendment as Exhibit D. Tenant shall also prepare and submit to Landlord promptly after the Fifth Expansion Premises Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises. To the extent the same may be shown in the as-built plans prepared for Tenant from its existing vendor, such plans shall include, without limitation, any wiring or cabling installed by Tenant or Tenant’s contractor for Tenant’s computer, telephone and other communication systems. For purposes hereof, the Fifth Expansion Premises Work shall be considered “substantially complete” when the Fifth Expansion Premises Work is complete except for items of work and adjustment of equipment and fixtures which can be completed after occupancy thereof has been taken without causing substantial interference with Tenant’s use of the Premises for its business purposes (i.e. so-called “punch list” items) and when Tenant has obtained authorization from the applicable governmental authority, to the extent required by Legal Requirements, for the occupancy and use by Tenant of the Fifth Expansion Premises. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord, as Additional Rent, an amount equal to the sum of (i) third party expenses incurred by Landlord or by Tenant, shall be done in a good to review any elements of the Fifth Expansion Premises Plans and workmanlike manner and in compliance with all applicable laws and all ordinances, regulations and orders of governmental authorities and insurers the Fifth Expansion Premises Work that may affect the structure of the Building, and (ii) third party expenses incurred by Landlord to review the Fifth Expansion Premises Plans and the Fifth Expansion Premises Work of which Tenant has received advance notice and which Tenant, in its commercially reasonable determination, has approved. All of the Fifth Expansion Premises Work shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times, times and the Construction Representative of each party shall promptly give notice of any approvals observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf required by any Construction Representative of the party named above or any person hereafter designated in substitution or addition by notice to the party relying. Tenant acknowledges that Tenant is acting for its own benefit and account and that Tenant will not be given acting as Landlord’s agent in performing any the Fifth Expansion Premises Work, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with design and construction. Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed on the earlier of (i) the Rent Commencement Date with respect to any floor, or (ii) the date on which Tenant commences to occupy any portion of such floor of the Premises for the purpose of conducting its business therein, except for items which are incomplete or do not conform with the requirements of this under this Article 4 and Exhibit C, and as to which in either case Tenant shall have given Landlord notice as provided in the next sentence or Exhibit C. Except to the extent to which Tenant shall have given Landlord notice (y) no later than one (1) year after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of defects not discoverable on a reasonable inspection within the three (3) month period provided for below because of the season of the year then in progress, or (z) no later than the end of the third full calendar month next beginning after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of any other defects, of specific construction items as to which Landlord has failed to perform or has improperly performed the Base Building Work or Landlord’s Work under this Article 4 and Exhibit C, Tenant shall be deemed conclusively to have approved all such work and shall have no claim that Landlord has failed to perform or has improperly performed any of Landlord’s obligations under this Article 4 and Exhibit C. Landlord agrees to exercise any rights Landlord may have against its contractor on account of any latent defects which may be discovered after such one (1) year period, and any recovery resulting therefrom net of the reasonable costs and expenses incurred to obtain the same shall be credited against any Operating Expenses relating to correction of such latent defect. Landlord agrees to promptly complete, correct or repair at its expense those items of Base Building Work or Landlord’s Work which are then incomplete or which Landlord has failed to perform or has improperly performed and as to which, in any case, Tenant shall have given notice to Landlord within such one (1) year or three (3) month period, as applicable, as aforesaidwork.

Quality and Performance of Work. (a) All construction work required or permitted by this Lease, whether by Landlord or by Tenant, the Lease shall be done in a good and workmanlike manner and in compliance with all applicable laws laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities (“Legal Requirements”) and all ordinances, regulations and orders of governmental authorities and insurers Insurance Requirements (as defined in Section 5.12 of the BuildingLease). All of Tenant’s work shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times, times and the Construction Representative of each party shall promptly give notice of any approvals observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf required to be given in connection with design and construction. Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed on the earlier of (i) the Rent Commencement Date with respect to by any floor, or (ii) the date on which Tenant commences to occupy any portion of such floor Construction Representative of the Premises for party named in Section 1.1 of the purpose of conducting its business therein, except for items which are incomplete Lease or do not conform with any person hereafter designated in substitution or addition by notice to the requirements of this under this Article 4 and Exhibit C, and as to which in either case Tenant shall have given Landlord notice as provided in the next sentence or Exhibit C. party relying. Except to the extent to which Tenant shall have given Landlord notice (y) no later than one (1) year after the date when of respects in which Landlord has not performed Landlord’s construction obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of defects Work Agreement (if any) (i) not discoverable on a reasonable inspection within the three (3) month period provided for below because of the season of the year then in progress, or (z) no later than the end of the third ninth (9th) full calendar month next beginning after the date when Commencement Date with respect to the heating, ventilating and air conditioning systems servicing the Premises, and (ii) not later than the third (3rd) full calendar month next beginning after the Commencement Date with respect to Landlord’s construction obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided Work Agreement not referenced in the preceding sentence, in the case of any other defects, of specific construction items as to which Landlord has failed to perform or has improperly performed the Base Building Work or Landlord’s Work under this Article 4 and Exhibit C(i) above, Tenant shall be deemed conclusively to have approved all such work Landlord’s construction and shall have no claim that Landlord has failed to perform or has improperly performed any of Landlord’s obligations under this Article 4 and Exhibit C. Landlord agrees to exercise any rights Landlord may have against its contractor on account of any latent defects which may be discovered after such one (1) year period, and any recovery resulting therefrom net of the reasonable costs and expenses incurred to obtain the same shall be credited against any Operating Expenses relating to correction of such latent defectWork Agreement. Landlord agrees to promptly complete, correct or repair at its expense those items of Base Building Work or Landlord’s Work which are then incomplete or which Landlord has failed do not conform to perform or has improperly performed the work contemplated under the Plans and as to which, in any either case, Tenant shall have given notice to Landlord within such one (1) year or three (3) month period, as applicableLandlord, as aforesaid.. EXHIBIT B-2 Plans [schematic removed] 57 EXHIBIT B-3 Telecom Equipment [schematic removed] EXHIBIT B-4 Turnkey Matrix Element Description Turn - Key Scope Tenant Cost Demolition Demolition of existing flooring, partitions and ceilings as required for fit-out design. X MEPFP removal as required for fit-out design X Finish Carpentry Plastic Laminate base & upper cabinets with plastic laminate counters at Kitchen X Plastic laminate base cabinets with plastic laminate counters at Tea Point, Pantry and Quiet Room X Wall panel (by Altro) backsplash at Pantry millwork X Plastic laminate base cabinet with Caesarstone counter and tile backsplash at Boardroom Serving Area X Plastic laminate base cabinets with plastic laminate counters and adjustable shelving above at Mail/Copy X Plastic Laminate counters at IT Room and Five (5) Training Rooms Credenza at Boardroom by Tenant Vendor (furniture). Rod X and Shelf at Reception Coat closet. X X Doors&Frames Tenant Entry at Center Lobby– Building Standard double glass doors with stainless steel push/pull hardware and butt-glazed glass sidelights. Magnetic Lock furnished and installed by Tenant Vendor X Tenant Entry/Egress at North Lobby – Re-use existing HM frame and painted wood doors. X Re-use existing aluminum frames and wood doors with hardware. Replace glass within sidelights with clear tempered glass. Provide additional doors/frames/hardware to match as required for current plan. X Patch/Re-finish existing doors as required. Privacy film on interior glass or sidelights Element Description Turn - Key Scope Tenant Cost Hardware Passage set hardware at all new doors. Hardware on existing doors to remain “as-is” X Specialty door hardware required for Tenant card access system X Locksets hardware X Drywall Typical partitions at new Office locations will extend to 6” above finished ceiling X Full-height, insulated partition between Conference rooms, Conference rooms and adjacent Offices, between Xxxxx and Jim’s Offices. Kitchen and where required by Building Code. X Blocking for millwork provided by Landlord Blocking for Tenant-provided whiteboards or TV’s X Fabric-wrapped panel behind credenza furniture at Boardroom X Drywall soffits shown on permit drawings dated 5.22.13 X Drywall Ceilings shown on permit drawings dated 5.22.13 X Additional full-height demised spaces inside of Tenant space X Acoustic New Building Standard 2x2 ceiling throughout. X Ceilings Flooring Carpet $21/SY (installed) X Material/Labor premium cost above $21/SY for carpet specified on Permit Drawings dated 5.22.13 X VCT at Pantry, Pantry Seating, Storage, IT Room and Product Testing. X Porcelain Tile flooring as shown on Permit Drawings dated 5.22.13 X Floor preparation as required Vinyl Base

Quality and Performance of Work. (a) All construction work required or permitted of the Fourth Expansion Premises Work shall be performed strictly in accordance with Section 3.3 of the Lease. Tenant shall have the Fourth Expansion Premises Work performed by this contractors, reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as the Landlord may reasonably require. Without limiting the generality of the foregoing, and subject to all applicable terms and conditions of the Lease, whether Tenant shall have the right to use Majestic Construction, Inc., as the general contractor for the Fourth Expansion Premises Work. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of the Fourth Expansion Premises Work and any other work which the Tenant may perform under this Lease and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. It shall be Tenant’s obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Fourth Expansion Premises to the extent required by law, and Tenant shall not occupy the Fourth Expansion Premises for the conduct of business until and unless it has obtained such approval and has submitted to Landlord a copy of the same. Additionally, Tenant shall provide waivers of lien from all of Tenant’s general contractors, subcontractors and suppliers performing work of Five Thousand and 00/100 Dollars or more, in the aggregate, in the recordable forms attached to the Third Amendment as Exhibit D. Tenant shall also prepare and submit to Landlord promptly after the Fourth Expansion Premises Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises. To the extent the same may be shown in the as-built plans prepared for Tenant from its existing vendor, such plans shall include, without limitation, any wiring or cabling installed by Tenant or Tenant’s contractor for Tenant’s computer, telephone and other communication systems. For purposes hereof, the Fourth Expansion Premises Work shall be considered “substantially complete” when the Fourth Expansion Premises Work is complete except for items of work and adjustment of equipment and fixtures which can be completed after occupancy thereof has been taken without causing substantial interference with Tenant’s use of the Premises for its business purposes (i.e. so-called “punch list” items) and when Tenant has obtained authorization from the applicable governmental authority, to the extent required by Legal Requirements, for the occupancy and use by Tenant of the Fourth Expansion Premises. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord, as Additional Rent, an amount equal to the sum of (i) third party expenses incurred by Landlord or by Tenant, shall be done in a good to review any elements of the Fourth Expansion Premises Plans and workmanlike manner and in compliance with all applicable laws and all ordinances, regulations and orders of governmental authorities and insurers the Fourth Expansion Premises Work that may affect the structure of the Building, and (ii) third party expenses incurred by Landlord to review the Fourth Expansion Premises Plans and the Fourth Expansion Premises Work of which Tenant has received advance notice and which Tenant, in its commercially reasonable determination, has approved. All of the Fourth Expansion Premises Work shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times, times and the Construction Representative of each party shall promptly give notice of any approvals observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s behalf required by any Construction Representative of the party named above or any person hereafter designated in substitution or addition by notice to the party relying. Tenant acknowledges that Tenant is acting for its own benefit and account and that Tenant will not be given acting as Landlord’s agent in performing any the Fourth Expansion Premises Work, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with design and construction. Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed on the earlier of (i) the Rent Commencement Date with respect to any floor, or (ii) the date on which Tenant commences to occupy any portion of such floor of the Premises for the purpose of conducting its business therein, except for items which are incomplete or do not conform with the requirements of this under this Article 4 and Exhibit C, and as to which in either case Tenant shall have given Landlord notice as provided in the next sentence or Exhibit C. Except to the extent to which Tenant shall have given Landlord notice (y) no later than one (1) year after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of defects not discoverable on a reasonable inspection within the three (3) month period provided for below because of the season of the year then in progress, or (z) no later than the end of the third full calendar month next beginning after the date when Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of any other defects, of specific construction items as to which Landlord has failed to perform or has improperly performed the Base Building Work or Landlord’s Work under this Article 4 and Exhibit C, Tenant shall be deemed conclusively to have approved all such work and shall have no claim that Landlord has failed to perform or has improperly performed any of Landlord’s obligations under this Article 4 and Exhibit C. Landlord agrees to exercise any rights Landlord may have against its contractor on account of any latent defects which may be discovered after such one (1) year period, and any recovery resulting therefrom net of the reasonable costs and expenses incurred to obtain the same shall be credited against any Operating Expenses relating to correction of such latent defect. Landlord agrees to promptly complete, correct or repair at its expense those items of Base Building Work or Landlord’s Work which are then incomplete or which Landlord has failed to perform or has improperly performed and as to which, in any case, Tenant shall have given notice to Landlord within such one (1) year or three (3) month period, as applicable, as aforesaidwork.

Quality and Performance of Work. (a) Landlord shall perform the work described in Exhibit C and Tenant shall be obligated to pay for the cost of the work, described in Exhibit C as set forth in Section 4.1.1 hereof. The work described in Exhibit C shall be performed in substantial compliance with the requirements of the Americans with Disabilities Act and its implementing regulations. All construction work required or permitted by this Lease, whether by Landlord or by Tenant, Lease shall be done in a good and workmanlike manner and in compliance with all applicable laws Legal Requirements and all ordinances, regulations Insurance Requirements. All of Tenant's work shall be coordinated with any work being performed by or for Landlord and orders of governmental authorities and insurers of the Buildingin such manner as to maintain harmonious labor relations. Each party may inspect the work of the other at reasonable times, times and the Construction Representative of each party shall promptly give notice of any approvals observed defects. Each party authorizes the other to rely in connection with design and construction upon approval and other actions on the party’s 's behalf required to be given in connection with design and construction. Landlord’s obligations under this Article 4 and Exhibit C shall be deemed to have been performed on the earlier of (i) the Rent Commencement Date with respect to by any floor, or (ii) the date on which Tenant commences to occupy any portion of such floor Construction Representative of the Premises for party named in Section 1.2 or any person hereafter designated in substitution or addition by notice to the purpose of conducting its business therein, except for items which are incomplete or do not conform with party relying. Only in the requirements of this under this Article 4 and event Landlord performs the work described in Exhibit C, and as to which in either case Tenant shall have given Landlord notice as provided in the next sentence or Exhibit C. Except except to the extent to which Tenant shall have given Landlord notice (y) no later than one (1) year after the date when of respects in which Landlord has not performed Landlord’s 's construction obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided in the preceding sentence, in the case of defects IV (i) not discoverable on a reasonable inspection within the three (3) month period provided for below because of the season of the year then in progress, or (z) no later than the end of the third ninth (9th) full calendar month next beginning after the date when Warehouse Premises Commencement Date with respect to the heating, ventilating and air conditioning systems servicing the Premises, and (ii) not later than the sixth (6th) full calendar month next beginning after the Commencement Date with respect to Landlord’s 's construction obligations under this Article 4 and Exhibit C shall be deemed to have been performed as provided IV not referenced in the preceding sentence, in the case of any other defects, of specific construction items as to which Landlord has failed to perform or has improperly performed the Base Building Work or Landlord’s Work under this Article 4 and Exhibit C(i) above, Tenant shall be deemed conclusively to have approved all such work Landlord's construction and shall have no claim that Landlord has failed to perform or has improperly performed any of Landlord’s 's obligations under this Article 4 and Exhibit C. Landlord agrees to exercise any rights Landlord may have against its contractor on account of any latent defects which may be discovered after such one (1) year period, and any recovery resulting therefrom net of the reasonable costs and expenses incurred to obtain the same shall be credited against any Operating Expenses relating to correction of such latent defectIV. Landlord agrees to promptly complete, correct or repair at its expense those items of Base Building Work or Landlord’s Work which are then incomplete or which Landlord has failed do not conform to perform or has improperly performed the work contemplated under Exhibit C and as to which, in any either case, Landlord performed the work described in Exhibit C and Tenant shall have given notice to Landlord within such one (1) year or three (3) month period, as applicableLandlord, as aforesaid.