Common use of Subtenant’s Work Clause in Contracts

Subtenant’s Work. All work in or about the Premises which is not ---------------- within the scope of the work necessary to construct and install the Improvements, such as delivering and installing furniture, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at Subtenant's cost and expense and shall be governed by Section 7.3 of the Master Lease (as incorporated into the Sublease). Subtenant shall adopt a schedule, approved in advance by Sublandlord, for performing such additional work consistent with the schedule of Contractor and shall see that such work is conducted in such a manner as to maintain harmonious labor relations (including the use of union labor) and as not to interfere unreasonably with or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry to the Premises to Subtenant and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises by Subtenant prior to the Commencement Date of the Lease Term, Subtenant shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and Alterations. In addition to the indemnity obligations under the Lease, and except to the extent caused by the active or gross negligence or willful misconduct of Sublandlord or any of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from any and all claims, proceedings, loss cost, damage death of persons or damage to property occurring or resulting directly from the presence in the Premises or the Building of Subtenant or its representatives in or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against any such claims, but shall be subject to the waiver of subrogation provisions of the Master Lease as incorporated into the Sublease. All such additional work and Subtenant's use of the Premises for such purposes shall be performed in accordance with the Lease.

Subtenant’s Work. All work Sublandlord hereby approves Subtenant’s initial improvements to the Expansion Premises (the “Sublease Expansion Improvements”) as shown on Exhibit A-5 attached hereto (the “Space Plans”); provided, however, that: (A) Sublandlord reserves the right to provide comments on Subtenant’s construction drawings based on the approved Space Plans in or about accordance with the Premises which is not ---------------- within the scope terms of the Master Lease, (B) such Space Plans and the work depicted thereon are subject to Master Landlord’s review and approval, (C) to the extent Sublandlord incurs costs in connection with construction management that may be necessary due to the coordination of the construction of the Sublease Expansion Improvements with the third floor tenant, such costs shall be payable by Subtenant within thirty (30) days following receipt of a documented invoice therefor, (D) Subtenant shall be required to pay for any modification to the water system drops to cover any re-sanitization, and (E) any upgrades to the Expansion Premises that may be necessary in connection with the Sublease Expansion Improvements to the existing HVAC, electrical, plumbing, or other systems installed and operated by Sublandlord will be the responsibility of Subtenant Sublandlord’s approval of the Space Plans shall not be a representation or warranty of Sublandlord that such Space Plans are adequate for any use or comply with any law, but shall merely be the consent of Sublandlord thereto. Sublandlord’s review of the Space Plans shall not constitute an engineering design review of the feasibility of or successful implementation of the proposed Sublease Expansion Improvements. Subtenant understands and agrees that it shall be solely responsible for any and all costs, expenses and related liabilities: (x) to construct and install the Sublease Expansion Improvements, such as delivering (y) to comply with all applicable laws, including without limitation the Americans with Disabilities Acts and installing furnitureany state disability access laws, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at Subtenant's cost and expense and shall be governed by Section 7.3 (z) due to Master Landlord under the terms of the Master Lease (as incorporated into the Sublease). Subtenant shall adopt a schedule, approved in advance by Sublandlord, for performing such additional work consistent connection with the schedule Sublease Expansion Improvements including, without limitation, any testing of Contractor and shall see the HVAC system, air balancing reports or any restriction that such work is conducted in such may be required by Master Landlord as a manner as condition to maintain harmonious labor relations (including the use of union labor) and as not to interfere unreasonably with its consent or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry otherwise required pursuant to the terms of the Master Lease and/or costs and expenses associated with restoring the Expansion Premises to Subtenant and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises by Subtenant condition prior to the Commencement Date construction of the Lease Term, Subtenant shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and AlterationsSublease Expansion Improvements. In addition to the indemnity obligations under the Lease, and except to the extent caused by the active or gross negligence or willful misconduct of Sublandlord or any of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from and against, and shall reimburse Sublandlord for, any and all claims, proceedingslosses, loss costliabilities for damages, damage death of persons or damage to property occurring or other than consequential damages, (including, without limitation, attorneys fees) resulting directly from the presence in the Premises or the Building of Subtenant or its representatives in or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against any such claims, but shall be subject to the waiver of subrogation provisions of the Master Lease as incorporated into the Sublease. All such additional work and Subtenant's use of the Premises for such purposes shall be performed in accordance with the LeaseSublease Expansion Improvements.

Subtenant’s Work. All work in Any alterations, modifications, or about changes of any ---------------- kind to the Subleased Premises which is not ---------------- within the scope of the work necessary to construct and install the Improvements(any such work, such as delivering and installing furniture, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at "Subtenant's cost and expense and shall be governed by Section 7.3 of the Master Lease (as incorporated into the Sublease). Subtenant shall adopt a schedule, approved in advance by Sublandlord, for performing such additional work consistent with the schedule of Contractor and shall see that such work is conducted in such a manner as to maintain harmonious labor relations (including the use of union laborWork") and as not to interfere unreasonably with or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry to the Premises to Subtenant and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises by Subtenant prior to the Commencement Date of the Lease Term, Subtenant shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and Alterations. In addition to the indemnity obligations under the Lease, and except to the extent caused by the active or gross negligence or willful misconduct of Sublandlord or any of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from any and all claims, proceedings, loss cost, damage death of persons or damage to property occurring or resulting directly from the presence in the Premises or the Building of Subtenant or its representatives in or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against any such claims, but shall be subject to the waiver of subrogation provisions of the Master Lease as incorporated into the Sublease. All such additional work Sublandlord's prior approval, not to be unreasonably withheld, and Subtenant's use of the Premises for such purposes shall be performed in accordance a good and workmanlike manner, using only new materials or their equivalent, free and clear of all mechanics' liens and encumbrances, and in compliance with all Laws and all requirements of the Prime Lease. Sublandlord hereby consents to the installation of a door between the Subleased Premises and the adjoining space leased by Subtenant, subject to Subtenant's compliance with the other requirements of this paragraph. Prior to commencing any work in the Subleased Premises, Subtenant shall (i) file the requisite plans and specifications for Subtenant's Work (which shall have been approved in writing by Sublandlord) with, and obtain all requisite approvals from, Prime Landlord and all governmental departments or authorities having jurisdiction and any public utility company having an interest therein and (ii) deliver to Sublandlord a policy or policies of xxxxxxx'x compensation, liability, property damage and builder's risk insurance (if applicable) naming Sublandlord and Prime Landlord as an additional insured as to liability, property damage, and builder's risk, with limits for all policies as required by the Prime Lease. Subtenant agrees that it will cause its contractors and subcontractors to confine their activities to the construction staging area reasonably designated by Sublandlord. Subtenant shall conduct its construction in a manner calculated to cause the least possible interference to the operations in the remainder of the Building. Subtenant shall, during the construction, maintain one trash dump site within the construction staging area and shall require its contractors to deposit all debris at such site. Subtenant shall cause such trash to be removed as necessary. Subtenant agrees to comply with any requirements which Sublandlord may impose with respect to the performance of Subtenant's Work which are reasonably necessary for the safety and convenience of the other occupants of the Building and the employees and invitees thereof but Subtenant alone shall be solely responsible and liable for all loss or damage, including bodily injury, in connection with Subtenant's Work suffered by Subtenant, its agents, contractors, and their respective employees and invitees.

Subtenant’s Work. All work (a) Subtenant shall make no improvements, changes, additions, replacements, or alterations in to or about the Premises which Subpremises (“Subtenant’s Work”) without the prior written consent in each instance of Tenant (Xxxxxx’s consent not to be unreasonably withheld, conditioned or delayed) and Landlord, in each instance if and to the extent such consent is not ---------------- within required per the scope terms of the work necessary to construct and install the Improvements, such as delivering and installing furniture, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at Subtenant's cost and expense and shall be governed by Section 7.3 of the Master Lease (as incorporated into herein), and otherwise in strict compliance with all of the Subleaseapplicable provisions of the Lease. All actual out-of-pocket costs incurred by Tenant in reviewing Subtenant’s plans and documentation in accordance with Section 5.02(B) of the Lease (as incorporated herein by reference). Subtenant shall adopt a schedule, approved in advance together with any payments required to be paid by Sublandlord, for performing such additional work consistent with the schedule of Contractor and shall see that such work is conducted in such a manner as Tenant to maintain harmonious labor relations (including the use of union labor) and as not to interfere unreasonably with or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry Landlord pursuant to the Premises Lease with respect to Subtenant’s Work, shall be reimbursed to Tenant by Subtenant, as Additional Rent, within thirty (30) days after Subtenant’s receipt of Tenant’s statement therefor. Any insurance required to be maintained under the Lease in connection with any such Subtenant’s Work shall also name Tenant as an additional insured. (b) Subtenant acknowledges that either Landlord and/or Tenant may condition its consent to any Subtenant’s Work to the requirement that Subtenant remove and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises restore Subtenant’s Work performed by Subtenant prior to the Commencement Date end of the Lease Term, Subtenant provided Xxxxxx’s right to so condition its consent shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and Alterations. In addition to the indemnity obligations under the Lease, and except only apply to the extent caused a default by Subtenant results in the active early termination of this Sublease or gross negligence or willful misconduct in the event this Sublease is terminated prior to the scheduled expiration as a result of Sublandlord or any Subtenant’s exercise of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from any and all claims, proceedings, loss cost, damage death of persons or damage to property occurring or resulting directly from the presence Termination Right set forth above in the Premises or the Building Paragraph 2(c). Any failure of Subtenant to comply with the provisions of this Paragraph 23(b) shall expose Subtenant to holdover liability (including, without limitation, consequential damages) as if Subtenant engaged in a holdover under the provisions of Paragraph 22 above to the extent a holdover arises with respect to failure or its representatives delay in removing or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against restoring any such claims, but shall be subject to the waiver of subrogation provisions of the Master Lease as incorporated into the SubleaseSubtenant’s Work. All such additional work and Subtenant's use of the Premises for such purposes shall be performed in accordance with the Lease24.

Subtenant’s Work. All work Subtenant shall install its tenant improvements in or about the Subleased Premises in accordance with the plans therefor prepared by Architect, a schedule of which is not ---------------- within the scope of the work necessary to construct and install the Improvementsattached hereto as Exhibit D, such as delivering and installing furniture, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at Subtenant's cost and expense and shall be governed by Section 7.3 of the Master Lease (as incorporated into the Sublease). Subtenant shall adopt a schedule, approved in advance by Sublandlord, for performing such additional work consistent with the schedule of Contractor and shall see that such work is conducted in such a manner as to maintain harmonious labor relations (including the use of union labor) and as not to interfere unreasonably with or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry to the Premises to Subtenant and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises by Subtenant prior to the Commencement Date of the Lease Term, Subtenant shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and Alterations. In addition to the indemnity obligations under the Lease, and except to the extent caused by the active or gross negligence or willful misconduct of Sublandlord or any of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from any and all claims, proceedings, loss cost, damage death of persons or damage to property occurring or resulting directly from the presence in the Premises or the Building of Subtenant or its representatives in or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against any such claims, but which shall be subject to Sublandlord’s prior written consent and approval, such approval not to be unreasonably withheld, conditioned or delayed (it being agreed that ten (10) business days is a reasonable period for review by Sublandlord of Subtenant’s plans and any changes thereto), and subject to Prime Landlord’s prior written consent and approval in accordance with the waiver Prime Lease (“Subtenant’s Work”). Construction of subrogation provisions Subtenant’s Work and the administration thereof shall be performed by Linbeck Construction, at Subtenant’s expense. Subtenant and Sublandlord shall work cooperatively to coordinate the execution of the Master Lease as incorporated into Sublandlord’s Work and the SubleaseSubtenant’s Work. Upon completion of Subtenant’s Work, Subtenant shall have the ongoing right to construct, at Subtenant’s sole cost and expense, alterations to the Subleased Premises consistent with the uses permitted hereunder subject to Sublandlord’s prior written consent and approval, which shall not be unreasonably withheld, conditioned or delayed, and Prime Landlord’s prior written consent and approval in accordance with the Prime Lease. All such additional work and Subtenant's use of the Premises for such purposes alterations shall be performed in accordance with the terms of the Prime Lease. Subtenant shall be solely responsible for removing any alterations installed by Subtenant upon the expiration or termination of this Sublease, to the extent that such removal is required by the Prime Landlord in accordance with the Prime Lease. In addition, upon the expiration or termination of this Sublease, Subtenant shall, if required to do so by Prime Landlord in accordance with the Prime Lease, properly reinstall any fixtures and equipment removed by Subtenant during the term of this Sublease.

Subtenant’s Work. All work in or about the Premises which is not ---------------- within the scope of the work necessary to construct and install the Improvements, such as delivering and installing furniture, telephone equipment, trade fixtures, wiring and office equipment, shall be furnished and installed by Subtenant at Subtenant's cost and expense and shall be governed by Section 7.3 of the Master Lease (as incorporated into the Sublease). Subtenant shall adopt demolish interior walls to combine the three suites and recarpet and re-paint the Sublease Premises (the "Subtenant Work") based upon mutually agreed upon plans and specifications and a schedule, approved in advance by Sublandlord, for performing such additional work consistent with the schedule of Contractor and shall see that such work is conducted in such a manner as to maintain harmonious labor relations (including the use of union labor) and as not to interfere unreasonably with or to delay the work of constructing or installing the Subtenant Improvements. Sublandlord shall give access and entry to the Premises to Subtenant and its contractors performing such additional work and shall give reasonable opportunity and time to enable Subtenant and such contractors to perform and complete such work. Upon and following any entry into the Premises by Subtenant prior to the Commencement Date of the Lease Term, Subtenant shall perform all of the obligations pertaining to insurance, indemnity, compliance with laws and hazardous materials and Utility Installation, Trade Fixtures and Alterations. In addition to the indemnity obligations under the Lease, and except to the extent caused by the active or gross negligence or willful misconduct of Sublandlord or any of its agents, employers or contractors, Subtenant shall indemnify, defend and protect Sublandlord and hold Sublandlord harmless from any and all claims, proceedings, loss cost, damage death of persons or damage to property occurring or resulting directly from the presence in the Premises or the Building of Subtenant or its representatives in or about the Premises or Building during the construction period, such indemnity to include without limitation the obligation to provide all costs of defense against any such claims, but mutually agreed upon budget which shall be subject to the waiver of subrogation provisions of the Master Lease as incorporated into the SubleaseLandlord's approval. All such additional work and Subtenant's use of the Premises for such purposes shall be performed in accordance with the terms and conditions of the Master Lease. If Subtenant's work is managed and supervised by Landlord, Subtenant shall incur a construction management fee of five percent (5%) of the total construction and architectural costs which shall be payable to Landlord within ten (10) days of billing by Landlord. Tenant shall reimburse Subtenant for the actual out of pocket costs of the Subtenant Work within thirty (30) days after submission of evidence reasonably satisfactory to Tenant of the actual out of pocket costs incurred by Subtenant for such work. Other than the improvements described above, Subtenant shall accept, possession of the Sublease Premises in their "AS-IS" condition as the Sublease Premises exists on the date hereof. In making and executing this Sublease, Subtenant has relied solely on such investigations, examinations and inspections as Subtenant has chosen to make or has made and has not relied on any representation or warranty concerning the Sublease Premises or the Building, except as expressly set forth in this Sublease. Subtenant acknowledges that Tenant has afforded Subtenant the opportunity for full and complete investigations, examinations and inspections of the Sublease Premises and the common areas of the Building. Subtenant acknowledges that it is not authorized to make or do any alterations or improvements in or to the Sublease Premises except as permitted by the provisions of this Sublease and the Master Lease and subject to the approval rights of Landlord under the Master Lease. Upon termination of this Sublease, Subtenant shall shampoo the carpets and deliver the Sublease Premises to Tenant broom clean and in the same condition as the Sublease Premises were at the commencement of the Term hereof, reasonable wear and tear excepted. In the event that Subtenant is allowed to make any improvements or alterations to the Sublease Premises, including without limitation, additional wiring or cabling ("Alterations"), Subtenant will, at its sole cost and expense, remove all Alterations from the Sublease Premises and restore the Sublease Premises to the condition existing as of the Commencement Date, except for any Alterations which Tenant and Master Landlord agree may remain thereon. In addition, Subtenant will remove its personal property, furniture and equipment from the Sublease Premises upon the expiration of the term of this Sublease. If the performance of the Subtenant Improvements within the Sublease Premises "triggers" a requirement for code-related upgrades to or improvements of the Master Lease Premises or any common areas, Tenant and Subtenant agree that Subtenant shall be responsible for the additional cost of such code-required upgrade or improvements.