Common use of Tenant Improvements Cost Clause in Contracts

Tenant Improvements Cost. The Tenant Improvements cost (“Tenant Improvements Cost”) shall include all costs of designing and constructing the Tenant Improvements, including but not be limited to: (a) all costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); (c) all costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change orders.

Tenant Improvements Cost. A. The cost of the Tenant Improvements shall be paid for by Tenant, including without limitation, the cost (“of: Standards; space plans and studies; architectural and engineering fees incurred in connection with preparation of the Plans; permits, approvals and other governmental fees; labor, material, equipment and supplies; construction fees and other amounts payable to contractors or subcontractors; taxes; off-side improvements; remediation and preparation of the Premises for construction of the Tenant Improvements Cost”) shall include Improvements; taxes; filing and recording fees; premiums for insurance and bonds; attorneys' fees, financing costs; and all other costs expended or to be expended in the construction of designing and constructing the Tenant Improvements, including but not be limited to: (a) all those costs incurred for construction of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs elements of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); (c) all costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, which construction was performed by Landlord prior in the construction fee execution of the Lease or for overhead and profit payable materials comprising the Tenant Improvements which were purchased by Landlord prior to the General Contractor (which fee shall not exceed 6% execution of the cost Lease; and an administration fee of fifteen percent (15%) of the work), and the total cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The Provided Tenant Improvements Cost is not in default under the Lease, including this Improvement Agreement, Landlord shall all include all costs of completing contribute a one-time tenant improvement allowance not to exceed $25.00 per square foot times the Core Restroom Remodeling which are in excess of Landlord’s Share rentable area of the Core Restroom Remodeling Costs. Premises, plus a credit for the Building core areas not fully constructed by Landlord (described below), which credit and/or supply of pre-stocked fixtures and/or materials shall not charge Tenantbe by mutual agreement of the parties ("Tenant Improvement Allowance"), and Tenant shall not to be required to pay any profit, overhead, construction management and/or supervision fees to credited by Landlord or Landlord’s Agents in connection with toward the cost of the initial Tenant Improvements. Notwithstanding anything to If the contrary herein, cost of the Tenant Improvements Costs exceeds the Tenant Improvement Allowance, Tenant shall not include pay Landlord such excess cost within three (and Landlord 3) five (5) business days after Landlord's notice to Tenant of such excess cost. No credit shall be solely responsible for and given to tenant if If the cost of the Tenant Improvements Allowance is less than the Tenant Improvement Allowance, Tenant shall not be used forreceive a credit towards Base Rent as follows: Within sixty (60) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess days after Tenant takes possession of the Contract Sumentire Premises Landlord shall deliver a statement to Tenant detailing the actual Tenant Improvement costs spent by Landlord. For every whole $1.00 per square foot of the Tenant Improvement Allowance that is unspent by Landlord Tenant shall receive a rent credit which shall be applied to item for the next month of the Terms. Notwithstanding the foregoing, except for increases set forth in approved change ordersno event shall said rent credit be greater than $3.00 per square foot of the rentable area of the Premises. 1. The first and second floor interior lobbies exclusive of the restroom/elevator/stair vertical walls and the exterior and interior granite stone. 2. The first and second floor mens' and womens' restrooms, including final plumbing electrical and toilet fixtures, sinks and granite tops, HVAC distribution, toilet partitions, showers, lockers and all wall, ceiling and floor finishes.

Tenant Improvements Cost. The Tenant Improvements cost (“"Tenant Improvements Cost”") shall include all costs of designing and constructing to be paid by Lessor from the Tenant Improvements, including but not Improvements Allowance shall be limited to: the following: (ai) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; , and engineering costs, including governmentally required upgrades, associated with completion of the State of California energy utilization calculations under Title 24 legislation; (bii) all All costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements appropriate governmental entity; (and not the Market Ready Improvements); (ciii) all All costs of interior design and finish schedule plans and specifications including as-built drawings; ; (div) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor Lessee's contractor in connection with construction of the Tenant ImprovementsImprovements and also including, without limitation, the cost of permanent partitioning, utility systems, fire sprinkler systems, heating, ventilating and air conditioning systems and equipment, electrical distribution facilities, wiring, cables, lighting, ceilings, and any necessary installation of fixtures and equipment, restrooms and carpeting and improvements reasonably necessary for occupancy by Lessee; (v) All fees payable to the Architect and Lessor's engineering firm if they are required by Lessee to redesign any portion of the Tenant Improvements following Lessee's approval of the Final Plans and Specifications; (vi) Sewer connection fees. The Except as set forth in this EXHIBIT B, the Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of procuring, constructing or installing in the Premises any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change ordersLessee's personal property.

Tenant Improvements Cost. The Tenant Improvements cost (“"Tenant Improvements Cost”") to be paid by Landlord from the Tenant Improvements Allowance (or the Additional Allowances) shall include all costs of designing and constructing the Tenant Improvementsinclude, including but not be limited to: : (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; , and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; (b) all All costs of obtaining building permits and other necessary authorizations from the City of SunnyvalePalo Alto, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (other governmental agencies, and not the Market Ready Improvements); Stanford University; (c) all All costs of interior design and finish schedule plans and specifications including as-built drawings; ; (d) all All direct and indirect costs of procuringacquiring, constructing constructing, and installing the Tenant Improvements in the PremisesImprovements, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor Tenant's contractor in connection with construction of the Tenant Improvements. The ; (e) All fees payable to the Architect and Landlord's engineering firm if they are required by Tenant to redesign any portion of the Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share following Tenant's approval of the Core Restroom Remodeling CostsFinal Plans and Specifications; and (f) Sewer, water, or other utility or municipal connection fees. Landlord shall not charge Tenanthas, and Tenant shall not be required to pay any profitin anticipation of the Lease, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents incurred certain costs listed in connection with (a) through (f) above for items included in the Tenant Improvements. Notwithstanding anything to By way of example, Landlord has installed or ordered electrical closet and switch gear, elevator and related equipment. A schedule of such items is attached. Landlord may pay such costs from the contrary herein, Tenant Improvement Allowance upon execution of the Lease. In no event shall the Tenant Improvements Costs shall not Cost include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of procuring, constructing or installing in the Premises any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change ordersTenant's personal property.

Tenant Improvements Cost. The Tenant Improvements cost Cost (“Tenant Improvements Cost”"TENANT IMPROVEMENTS COST") shall include all costs and expenses associated with the design, preparation, approval and construction of designing and constructing the Tenant Improvements, including including, but not be limited to: limited, to the following: (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; , and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; (b) all All costs of obtaining building permits and other necessary authorizations and approvals from local governmental authorities (the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements"PERMITS"); ; (c) all All costs of interior design and finish schedule plans and specifications including as-built drawings; ; (d) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, (i) the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The , (ii) the cost of all labor (including overtime) and materials constituting the Tenant Improvements Cost shall all include Improvements, and (iii) all costs of completing incurred in complying with any Laws (including, without limitation, the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be ADA) required to pay any profit, overhead, construction management and/or supervision fees be complied with as a condition to Landlord or Landlord’s Agents in connection with the issuance of Permits or the construction and installation of the Tenant Improvements. Notwithstanding anything ; (e) All fees payable to the contrary hereinArchitect, general contractor, subcontractors and Landlord's engineering firm if they are required by Tenant and/or any governmental authorities to redesign any portion of the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in following Tenant's approval of the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; Specifications; (f) costs due to casualties; (g) penalties All construction and late charges attributable project management fees payable by Landlord to Landlord’s failure to pay construction costs's property management company or any other individual or entity; provided, however, that such fees shall not exceed five percent (h5%) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change orders.Tenant Improvements Cost (excluding such fees); and

Tenant Improvements Cost. The Tenant Improvements cost (“Tenant Improvements Cost”) shall include all costs of designing and constructing the Tenant Improvements, including but not be limited to: (a) Except as set forth herein, Landlord shall pay all costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (design, permitting and not the Market Ready Improvements); (c) all costs of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with construction of the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (kii) the Office Improvements set forth in the Space Plan, up to a maximum cost of $1,281,540.00 with respect to the Office Improvements (the “Office Improvement Maximum”). Tenant shall pay the following costs in connection with the Tenant Improvements: (x) any costs associated with the design, permitting or construction of the Office Improvements set forth in the Space Plan, including any such costs resulting from any Change Orders requested by Tenant or any such costs resulting from Tenant Delays (as defined in Paragraph 3(d) of the Lease), that are in excess of the Contract SumOffice Improvement Maximum, except and (y) any increase in the cost of construction of the Market Ready Improvements resulting from any Tenant Delays. If Landlord and Tenant agree on any Change Orders requested by Tenant as provided in Section 5 below, Landlord shall furnish Tenant with an invoice specifying the estimated increase in the cost of the Tenant Improvements resulting therefrom, and Tenant shall pay such estimated increase to Landlord within thirty (30) days thereafter if the total costs of the Office Improvements, Change Orders and any Tenant Delays exceed the Office Improvement Maximum. (b) If Landlord anticipates that the total cost of designing, permitting and constructing the Office Improvements shown on Final Plans and Specifications will exceed the Office Improvement Maximum, Landlord shall cause General Contractor to prepare and deliver to Landlord and Tenant a final pricing for increases set forth construction of the Office Improvements based upon the Final Plans and Specifications (“Final Pricing”), taking into account any modifications which may be required to reflect changes in approved change ordersthe Final Plans and Specifications which may required by the City of Sunnyvale. Landlord shall deliver the Final Pricing, including a line item detailed breakdown, to Tenant for Tenant’s review and approval. The Final Pricing shall include the General Contractor’s overhead and profit and general conditions which includes supervision and clean-up during construction, including final clean-up. Tenant shall, within ten (10) business days after receipt of the Final Pricing, notify Landlord in writing of Tenant’s approval or disapproval of the Final Pricing, which will include specific terms objected to and the reasons therefor, if applicable. If Tenant disapproves the Final Pricing, Landlord and Tenant will promptly meet to discuss modifications to the Final Plans and Specifications and the Final Pricing.

Tenant Improvements Cost. The Tenant Improvements cost Cost (“"Tenant Improvements Cost”") shall include all costs and expenses associated with the design, preparation, approval and construction of designing and constructing the Tenant Improvements, including including, but not be limited to: limited, to the following: (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; , and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; (b) all All costs of obtaining building permits and other necessary authorizations from the City local governmental authorities, and all costs of Sunnyvale, including any engineering costs associated complying with the completion of State of California energy utilization calculations under Title 24 solely as a result Americans With Disabilities Act and any other federal, state or local law, ordinance, statute, code or regulation applicable to or triggered by the construction of the Tenant Improvements (and not the Market Ready Improvements); ; (c) all All costs of interior design and finish schedule plans and specifications including as-built drawings; ; (d) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor Landlord's contractor in connection with construction of the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision ; (e) All fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything payable to the contrary herein, Architect and Landlord's engineering firm if they are required by Tenant to redesign any portion of the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in following Tenant's approval of the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; Specifications; (f) costs due to casualties; (g) penalties All construction and late charges attributable project management fees payable by Landlord to Landlord’s failure to pay construction costs's property management company or any other individual or entity; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change orders.and

Tenant Improvements Cost. The Tenant Improvements cost (“"Tenant Improvements Cost”") shall include all costs of designing and constructing to be paid by Landlord from the Tenant ImprovementsImprovements Allowance shall include, including but not be limited to: : (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; , and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; (b) all All costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); Burlingame; (c) all All costs of interior Interior design and finish schedule plans and specifications including as-built drawings; ; (d) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor Landlord's contractor in connection with construction of the Tenant Improvements. The Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision ; and (e) All fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything payable to the contrary herein, Architect and Landlord's engineering firm if they are required by Tenant to redesign any portion of the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) the following: (a) costs for improvements which are not shown on or described in following Tenant's approval of the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to Specifications. In no event shall the presence of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) Tenant Improvements Cost include any costs of procuring, constructing or installing in the Premises any Title 24 or other work of completing the Market Ready Improvements; and Tenant's personal property. Tenant shall make all cash payments in a lump sum within ten (k10) construction costs in excess days after receipt of a statement from Landlord therefor. If Tenant fails to make a timely election of the Contract Sumforegoing alternatives, except for increases set forth in approved change ordersit will be deemed to have elected alternative (II).

Tenant Improvements Cost. The Tenant Improvements cost Within thirty (“Tenant Improvements Cost”30) shall include all costs of designing and constructing the Tenant Improvements, including but not be limited to: (a) all costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements; (b) all costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the days after completion of State of California energy utilization calculations under Title 24 solely as a result ------------------------ construction of the Tenant Improvements (and not issuance of all Occupancy Permits as provided in Section 4.D of this Lease, or as soon thereafter as reasonably possible, Landlord shall submit to Tenant a detailed itemization of the Market Ready Improvements); (c) all costs total development cost of interior design and finish schedule plans and specifications including as-built drawings; (d) all direct and indirect costs of procuring, constructing and installing the Tenant Improvements in (the Premises"Tenant Improvements Cost"), including, but not limited to, which shall consist of (i) the construction fee for overhead and profit payable amount authorized by Tenant to be paid to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory staff, office, equipment and temporary services rendered by the General Contractor in connection with Designated Tenant Improvements Subcontractors for construction of the Tenant Improvements, including, without limitation, labor, materials and equipment, (ii) the reasonable expenses actually incurred by Landlord for its "general conditions" associated with such construction in the categories set forth on Exhibit F attached hereto (the "Tenant Improvements General Conditions") and (iii) an amount equal to eight percent (8%) of the amount specified in the foregoing clause (i) of this Section 4.E as Landlord's Tenant Improvements construction fee. The If the Tenant Improvements Cost shall all include all costs of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, exceeds the Tenant Improvements Costs shall not include (and Landlord Allowance, the difference shall be solely responsible for and paid by Tenant to Landlord within thirty (30) days after submission of such detailed itemization. If the Tenant Improvements Allowance exceeds the Tenant Improvements Cost, the difference shall not be used forpaid by Landlord to Tenant within thirty (30) days after submission of such detailed itemization, or, at Landlord's election, the following: (a) costs for improvements which are not shown on or described in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due difference will be credited to the presence first payments of Hazardous Materials Base Rent falling due on a dollar for dollar basis until the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess of the Contract Sum, except for increases set forth in approved change ordersdifference is exhausted.

Tenant Improvements Cost. The Tenant Improvements cost Cost (“"Tenant Improvements Cost”") shall include all costs and expenses associated with the design, preparation, approval and construction of designing and constructing the Tenant Improvements, including including, but not be limited to: limited, to the following: (a) all All costs of preliminary and final architectural and engineering plans and specifications for the Tenant Improvements, and engineering costs associated with completion of the State of California energy utilization calculations under Title 24 legislation; provided, however, that "Tenant Improvements Cost" shall not include, and Landlord shall be solely liable for, the costs of the space plans of the Premises prepared by CAS, to the extent such space plans are dated as of, and were actually delivered to Landlord and Tenant an or before, April 20, 1995. (b) all All costs of obtaining building permits and other necessary authorizations from the City of Sunnyvale, including any engineering costs associated with the completion of State of California energy utilization calculations under Title 24 solely as a result of the Tenant Improvements (and not the Market Ready Improvements); local governmental authorities; (c) all All costs of interior design and finish schedule plans and specifications including as-built drawings; ; (d) all All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee for overhead and profit payable to the General Contractor (which fee shall not exceed 6% of the cost of the work), and the cost of all on-site supervisory and administrative staff, office, equipment and temporary services rendered by the General Contractor Landlord's contractor in connection with construction of the Tenant Improvements; (e) All fees payable to the Architect and Landlord's engineering firm if they are required by Tenant to redesign any portion of the Tenant Improvements following Tenant's approval of the Final Plans and Specifications; (f) Tenant's prorata share of all costs (the "HVAC Costs") to purchase and install new HVAC units weighing up to an aggregate of two hundred (200) tons (the "HVAC Units") on the roof of the Premises; for purposes of this Paragraph 8(f), Tenant's prorata share of the HVAC Costs shall be the portion of such costs falling due within the initial Term of the Lease based upon the amortization of such HVAC Costs over a useful life of fifteen (15) years. The Landlord and Tenant acknowledge that the intent of this Paragraph 8(f) is to include within the Tenant Improvements Cost shall all include all costs and to fund out of completing the Core Restroom Remodeling which are in excess of Landlord’s Share of the Core Restroom Remodeling Costs. Landlord shall not charge Tenant, and Tenant shall not be required to pay any profit, overhead, construction management and/or supervision fees to Landlord or Landlord’s Agents in connection with the Tenant Improvements. Notwithstanding anything to the contrary herein, the Tenant Improvements Costs shall not include (and Landlord shall be solely responsible for and the Tenant Improvements Allowance shall not be used for) Tenant's prorata share of the following: (a) costs for improvements which are not shown on or described HVAC Costs, amortized as aforesaid and falling due within the initial Term of the Lease. In addition to the foregoing, in the Final Plans and Specifications unless otherwise approved by Tenant; (b) costs incurred due to event Tenant exercises the presence Renewal Option provided under Paragraph 47 of Hazardous Materials on the Property; (c) attorneys’ fees incurred in connection with negotiation of construction contractsLease, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of construction defects or any default by a contractor; (f) costs due to casualties; (g) penalties and late charges attributable then Tenant shall pay to Landlord’s failure to pay construction costs; (h) wages, labor and overhead for overtime and premium time unless approved in advance by substantially equal monthly installments throughout the Renewal Term, Tenant; (i) any costs of any Title 24 or other work of completing the Market Ready Improvements; and (k) construction costs in excess 's prorata share of the Contract Sum, except HVAC Costs falling due within the Renewal Term of the Lease based upon the amortization of such costs over the aforesaid fifteen (15) year useful life. Such installments shall be payable by Tenant to Landlord at the same time Tenant pays Base Rent under Paragraph 4(a) of the Lease and shall be deemed "Rent" for increases set forth in approved change orders.all purposes of the Lease; and