Common use of Tenant Improvements Clause in Contracts

Tenant Improvements. (a) Following approval of the final Construction Plans by Landlord and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereof.

Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance of $47,520 (athe "Allowance") Following approval for new carpeting and paint to the Premises (collectively, the "Work"). All aspects of completion of the final Construction Plans by Landlord Work (including selection of materials and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”contractors) shall be conditioned upon Landlord obtaining subject to Lessor's reasonable assurances that prior approval. The Allowance shall be payable within 15 days after satisfaction of the contractor shallfollowing conditions: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; Work shall have been fully completed, (ii) comply Lessee shall provide Lessor with invoices for all rules and regulations costs relating to construction activities in the Building Work (together with such supporting information as Lessor may be reasonably prescribed from time to time by Landlord; request), and (iii) maintain the building and the Premises shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such insurance as Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth below above is not satisfied on or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its workbefore September 30, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) 2000. Lessor represents that the work shall comply with Premises on the plans Commencement Date are in good working order and specifications repair, including the plumbing, electrical, HVAC and be constructed lighting. Any ceiling tiles in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for Premises which are damaged on the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit Commencement Date shall be set forth promptly replaced by Lessor. Except as provided in this Section 18.1, the bid documents. The Tenant Improvements Premises shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereofdelivered in "as is" condition.

Tenant Improvements. Landlord agrees to construct within the Premises ------------------- certain improvements to the Premises (a"Tenant Improvements") Following approval pursuant to the terms of Exhibit B. Subject to completion of the final Construction Plans by Tenant Improvements, if any, --------- and to Landlord's obligations set forth below in this Section 7, the Premises shall be delivered to Tenant in its then "as-is" condition, and Landlord shall not have any obligation to make or pay for any alterations, additions, improvements or repairs to prepare the Premises for Tenant's occupancy. The foregoing is not intended to diminish Landlord's repair and maintenance obligations pursuant to other provisions of this Lease. Within fifteen (15) days after Substantial Completion of the Tenant Improvements, but prior to Tenant moving any of its furniture, fixtures or equipment into the Premises, upon either party's request Landlord and Tenant, Tenant shall together conduct an inspection of the Premises and prepare a list of the Punch List Items any items of the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform that are not in conformity with the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for of this Lease. Landlord shall use its good faith efforts to correct all contractor such items relating to conducting its workwithin a reasonable period of time following preparation of such list. In addition, use within thirty (30) days following preparation of facilities and utilitiessuch list, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to upon either party's request Landlord and Tenant (with an assignment to Landlord shall conduct a second inspection of the Premises and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in prepare a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services second list with respect to any portion items that were not adequately completed from the first list and any items that were not reasonably discoverable during the first inspection. Landlord shall use its good faith efforts to correct any items listed on the second list within a reasonable period of time following preparation of such list. During the term of this Lease, Landlord shall use its good faith efforts to enforce any warranty claims with respect to the construction of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereofImprovements.

Tenant Improvements. (a) Following Tenant shall not have the right or allow others to make additions, alterations, or improvements to the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably delay, condition, or deny. In addition to securing Landlord’s prior written consent, Tenant shall also be responsible for securing any necessary permits from the relevant government entities in order to make improvements. Nothing set forth in this Lease is intended or shall be interpreted to limit or restrict Landlord’s exercise of its police powers, including with respect to the consideration and approval of the final Construction Plans required applications for development and building entitlements. Any and all additions, alterations, and improvements by Landlord and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by made at Tenant’s expense in accordance with the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shallfollowing: (i) perform such work, including, without limitation, Tenant’s final working drawings, plans, specifications, and complete choice of contractors, subcontractors, and suppliers shall be subject to the continuing approval of Landlord, which information shall be furnished to Landlord for Landlord’s review and approval before the work on time and without unreasonable interference with the operation of the Building is commenced, and any other construction occurring in work not acceptable to the Buildingappropriate governmental entity or not reasonably satisfactory to Landlord shall be promptly replaced at Tenant’s expense; (ii) comply with all rules and regulations relating notwithstanding any failure by Landlord to construction activities in the Building as may object to any such work, Landlord shall not be reasonably prescribed from time to time by Landlordresponsible therefor; (iii) maintain such insurance as set forth below work shall not adversely affect the outside appearance and strength of the Premises or any additional insurance required by applicable lawthe mechanical, electrical, and plumbing services and equipment thereof; (iv) comply with such work shall not alter, add to, or otherwise change the exterior of the Premises, without Landlord’s reasonable requirements prior written consent, which consent Landlord may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb peace of the general public; (vi) Tenant shall cause all such work to be performed in such a manner as not to obstruct the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (vvii) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the such work shall comply with the plans and specifications and be constructed done in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work and in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements legal requirements and shall be diligently prosecuted to completion; (viii) Tenant’s contractor or each of its subcontractors shall be bonded with sureties satisfactory to Landlord in an amount sufficient to ensure full performance of the work to be done by Tenant and to ensure full payment to materialmen; (ix) Tenant and its contractor and subcontractors shall carry such worker’s compensation general liability and personal and property damage insurance as Landlord may reasonably require; (x) such insurance shall be adequate to protect Landlord and shall name Landlord as an additional insured; (xi) Tenant shall defend, indemnify, and hold harmless Landlord and its elected and appointed officials, officers, directors, employees, and agents (all of the foregoing being hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, using union labor reasonable attorneys’ fees) directly or indirectly arising out of or incurred in connection with, and contractors any and all claims, demands, suits, actions for or in relation to, wages or cost of materials or equipment used in connection with, additions, alterations and improvements made or caused to perform such work if requested be made by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the workTenant; and (ixxii) Landlord shall have the Contractor, subcontractors right at all reasonable times to post and all materialmen, laborers and other parties furnishing keep posted on the Premises any labor, materials, equipment notice that may be provided by law which Landlord may deem necessary or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment advisable for the same . Such requirements protection of Landlord and the terms of this Exhibit shall be set forth in the bid documentsPremises from mechanics’ lien or stop notice claims. The Tenant Improvements restrictions contained in this Section 9.02 with respect to Tenant’s contractors, subcontractors, and suppliers shall be performed on the basis of a “stipulated sum” apply regardless whether such persons or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”)entities are employees or agents of, which shall provide that Landlord is a third party beneficiary thereofor otherwise affiliated with Tenant.

Tenant Improvements. (a) Following approval of Tenant is currently preparing, at its sole cost and expense, plans and specifications for the final Construction improvements Tenant desires to make to the Expansion Premises (the "Plans"). The Plans by Landlord and Tenant, the Tenant Improvements shall be submitted to Landlord for bidsits approval, according to procedures approved by the parties, by one or more qualified general contractors which approval shall not be unreasonably withheld and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that granted or rejected within ten (10) days after Landlord's receipt of-the contractor shall: (i) perform Plans. The Plans shall be stamped by a Massachusetts registered architect, and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) shall comply with all rules applicable laws, ordinances and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion applicable requirements of the Tenant Improvements will look solely Americans with Disabilities Act of 1990, as amended from time to Tenant for payment for time, and the same . Such regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord's approval of any of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All of Tenant's Work shall be completed in accordance with the approved Plans and the terms of this Exhibit shall be requirements for Alterations set forth in the bid documentsLease. The Tenant Improvements Copies of all permits and approvals required for Tenant's Work shall be furnished to Landlord promptly upon receipt thereof Tenant's Work shall be performed on the basis of by a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and general contractor first approved by Landlord (“Construction Agreement”)Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other acts or omissions of the general contractor. A copy of all required bonds and certificates of insurance required by the Lease shall be furnished to Landlord prior to commencement of construction and installation of Tenant's Work. Within forty-five (45) days after completion of any Tenant's Work, Tenant shall provide to Landlord "as-built" plans of the Tenant's Work. Tenant shall provide Landlord with copies of the certificate of occupancy for any Tenant's Work that Landlord is requires a third party beneficiary thereofcertificate of occupancy reasonably promptly after completion of such Tenant's Work.

Tenant Improvements. Provided that Subtenant obtains the prior written consent of both Xxxxxx and Sobrato, Subtenant may construct certain improvements (a"Tenant Improvements") Following approval of to the Subleased Premises which are described on that certain architectural drawing dated March 10, 1997, prepared by Xxxxxx & Xxx Architectural and described as Sheet A-2 (the "Drawing"). The final Construction Plans by Landlord plans and Tenant, specifications for the Tenant Improvements shall be submitted for bids, according are subject to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s prior approval of Sublandlord, which approval will not be unreasonably withheld or delayed provided that such final plans and drawings are consistent with and conform to the general contractor to perform Drawing and represent the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining logical and reasonable assurances that the contractor shall: (i) perform evolution and complete the work on time and without unreasonable interference with the operation development of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documentsDrawing. The Tenant Improvements shall be performed on constructed at Subtenant's sole cost and expense, in accordance with approved final plans and drawings, and in a good, safe and workmanlike manner using new materials and equipment of good quality, and in compliance with all applicable laws, rules, regulations and the basis provisions of a “stipulated sum” the Master Leases. Subtenant shall coordinate in advance all of its construction activities with Sublandlord and shall not allow any of such activities unreasonably to disturb or “guaranteed maximum cost” contract signed interfere with Sublandlord's use of and operations in the Premises. Upon final payment by Subtenant for any work performed, materials furnished or obligations incurred by Subtenant in regard to the Tenant Improvements (and approved any subsequent alterations, additions or improvements made to the Subleased Premises by Landlord (“Construction Agreement”Subtenant), which Subtenant shall provide that Landlord is a third party beneficiary thereofutilize reasonable and good faith efforts to obtain from each contractor and supplier an Unconditional Waiver and Release Upon Final Payment (California Civil Code Section 3262(d)(4)). The foregoing approval by Sublandlord does not constitute consent to any additional alterations or improvements to the Subleased Premises by Subtenant, and Sublandlord reserves the right to approve or disapprove of any such additional alterations or improvements to the Subleased Premises by Subtenant as provided herein.

Tenant Improvements. (a) Following approval Any structural alterations, additions, or improvements made by or on behalf of Tenant to the final Construction Plans by Landlord and TenantPremises ("Tenant Improvements") shall be subject to Landlord's prior written consent, the which consent shall not be unreasonably withheld, conditioned or delayed. All Tenant Improvements shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any alteration required by such laws or regulations, as they may be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlordamended). Landlord’s approval of the general contractor to perform the All Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure only good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing grades of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documentsused. The All plans and specifications for any Tenant Improvements shall be performed submitted to Landlord for its reasonable approval, and Tenant shall reimburse Landlord for its reasonable costs in reviewing plans and documents. Landlord may post on and about the Premises notices and give notices that Landlord shall not be liable on account of any damage or claim in connection with such construction, and Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction. Landlord's right to review plans and specifications shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules, or regulations. Upon completion of any Tenant Improvements, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the basis Tenant Improvements and final lien waivers from all such contractors and subcontractors. Tenant shall not be required to remove any Tenant Improvement at the expiration or earlier termination of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereofthis Lease.

Tenant Improvements. (a) Following approval of Landlord shall perform or cause to have performed on and to the final Construction Plans by Landlord Premises the work listed and/or shown on attached EXHIBIT “F”, all at Tenant’s sole cost and Tenant, expense except to the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlordextent provided below in Paragraph 23(e). Landlord’s approval of the general contractor to perform the Tenant Improvements All such work (“ContractorWork”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring performed in the Building; (ii) comply with all rules and regulations relating to construction activities a first-class workmanlike manner in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply strict accordance with the plans and specifications referenced in EXHIBIT “F” which have been approved by both Tenant and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance in accordance with all applicable labor agreements governmental laws, rules, regulations and other requirements. Landlord shall apply for and obtain all permits, licenses and certificates necessary for performance of the Work. All of the said Work shall be “Substantially Completed” (includingas hereinafter defined) on or before the Commencement Date. The Work shall be deemed to be “Substantially Completed” at such time as (i) Landlord shall certify in writing to Tenant that said Work has been completed in accordance with the foregoing provisions of this subparagraph (a), without limitationsubject only to minor punch list items which shall be therein specifically noted and which shall be such as not to adversely affect Tenant’s use and occupancy of the Premises for Tenant’s Intended Use for a short duration of time, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the work; and (ixii) a certificate of occupancy or “finaled” building permit is issued by the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services appropriate governmental authority with respect to any portion the Premises and the Work. Following substantial completion of the Tenant Improvements will look solely to Tenant for payment Work, Landlord shall obtain a certificate of occupancy for the same . Such requirements of Premises; provided, however, Landlord and the terms shall not be in default of this Exhibit shall be set forth in Section to the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide extent that Landlord is precluded or prevented from obtaining a third party beneficiary thereofcertificate of occupancy for the Work or the Premises as a result of any actions or omissions by Tenant.

Tenant Improvements. (a) Following approval of the final Construction Plans Whether or not required in this Lease, any improvements constructed by Tenant shall be constructed by using licensed, bonded and insured contractors approved by Landlord and Tenant, the Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (federal, state, and municipal laws and rules and regulations of the departments and bureaus having jurisdiction thereof. Tenant shall pay all applicable costs, fees, and charges levied by any governmental agency or otherwise, attendant to the construction and operation of said improvements, including but not limited to municipal or other fees, permit costs, and other charges relating to the construction and operation of the Premises. Tenant is to perform all work and supply all materials at Tenant's sole cost and expense to make the subject Premises suitable for Tenant's specific use. Tenant shall obtain the written approval of Landlord prior to the commencement of any improvements. Landlord must approve both the improvements and the contractors to perform the work, which approval shall not be unreasonably withheld. No representations, inducements, understanding or anything of any nature whatsoever made, stated or represented by Landlord or anyone acting for or on Landlords behalf, either orally or in writing, have induced Tenant to enter into this Lease, and Tenant acknowledges, represents and warrants that Tenant has entered into this Lease under and by virtue of Tenant's own independent investigation. Tenant hereby accepts the Premises in an "as is" and "where is" condition without warranty of any kind, express or implied, including, without limitation, using union labor any warranty as to title, physical condition or the presence or absence of Hazardous Materials, and contractors to perform such work if requested by Landlord); (vii) provide the Premises are not in all respects entirely suitable for the customary retention from payments use or uses to subcontractors; which the Premises or any part thereof will be put, then it is the sole responsibility and obligation of Tenant (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating subject only to the work; and (ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements obligations of Landlord and the terms of this Exhibit shall be set forth in Exhibit "B", if any) to take such action as may be necessary to place the bid documents. The Tenant Improvements shall be performed on the basis of Premises in a “stipulated sum” condition entirely suitable for such use or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereofuses.

Tenant Improvements. Lessee covenants and agrees to complete tenant improvements, including but not limited hard wall office construction, conference room construction, laboratory construction, electrical and HVAC repairs installed by Lessee, replacement of carpet, interior upgrades and enhanced security system upgrades (a) Following approval collectively, the Work). Any and all such work shall be in compliance with Sections 6 and 7 of the final Construction Plans Lease and all applicable laws, rules, regulations, codes and ordinances. Lessee shall confirm contractors have all required licenses and insurance certificates, complete all necessary plans, and obtain all applicable permits required by Landlord and Tenant, governmental authorities. Lessee shall provide Lessor at least fourteen (14) days' notice in writing prior to commencing any work upon the Tenant Improvements Premises. All work shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform the Tenant Improvements (“Contractor”) shall be conditioned upon Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed done in a good and workmanlike manner, with good and sufficient materials. Lessee shall timely pay all claims for labor or materials furnished and obtain unconditional waivers and lien releases from each contractor and subcontractor. Lessee shall do all things reasonably necessary to prevent the filing of any mechanics' or other liens against the Premises or any part thereof by reason of work, labor, services or materials supplied or claimed to have been supplied to Lessee, or anyone holding the Premises, or any part thereof, through or under Lessee. If any such lien shall at any time be filed against the Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing of the same or, if Lessee in Lessee's discretion and in good faith determines that such lien should be contested, shall furnish such security as may be necessary or required to: (i} prevent any foreclosure proceedings against the Premises during the pendency of such contest, and (ii) cause First American Title Company or other mutually satisfactory title company to remove such lien as a matter affecting title to the Premises on a title policy or report with respect to the Premises. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to any other right or remedy of Lessor resulting from Lessee's said default, Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor, including Lessor's costs, expenses and actual attorneys' fees incurred by Lessor in connection therewith, with a quality equal interest thereon at the maximum rate permitted by law. Lessee shall timely submit for payment all claims for labor or materials furnished and obtain unconditional waivers and liens releases from each contractor, supplier and subcontractor. Lessee shall deliver to or better than Building standardLessor the following for Lessor's review and approval: (i) unconditional waivers and lien releases; (viii) perform all work in a fashion contracts and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord)contractor invoices; (viiiii) provide for the customary retention from payments to subcontractors; cancelled checks (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the workif applicable); and (ixiv) other documentation requested by Lessor. Lessor shall have the Contractor, subcontractors right to inspect any and all materialmensuch work prior to paying for the Work. Following receipt and approval by Lessor of the required documentation for the Work, laborers Lessor shall pay the contractors directly or issue joint checks; provided, however, in no event shall such payments in the aggregate exceed the tenant improvement allowance of $525,415. Such requests for reimbursement shall be for a minimum of $50,000 and other parties furnishing not more frequently than once per month. Lessee represents and warrants that as of the date of this First Amendment, Lessee has no knowledge of any laboroutstanding building code, materials, equipment life safety or services ADA issues with respect to the Premises. Lessor shall be responsible for the cost to correct any portion building code, life safety, and ADA issues existing as of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms date of this Exhibit shall First. Amendment if and when correction is lawfully cited and required by a governmental agency with jurisdiction over such matters. All alterations, improvements, remodeling, additions or fixtures, other than trade fixtures not permanently affixed to the Premises, which may be set forth made or installed in the bid documents. The Tenant Improvements Premises, shall at the termination of this Lease become the property of Lessor and remain upon and be performed on surrendered with the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed Premises, unless otherwise required by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary Lessor in its sole discretion to be removed from the Premises upon the surrender thereof.

Tenant Improvements. (a) Following approval of Tenant hereby accepts the final Construction Plans by Premises as suitable for ------------------- Tenant's intended use and as being in good operating order, condition and repair, "AS IS", except as specified in Exhibit B attached hereto. Landlord and or --------- Tenant, as the Tenant Improvements case may be, shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors install and by qualified subcontractors selected by Tenant and approved by Landlord. Landlord’s approval of the general contractor to perform construct the Tenant Improvements (“Contractor”as such term is defined in Exhibit B hereto) in accordance with the terms, --------- conditions, criteria and provisions set forth in Exhibit B. Landlord and Tenant --------- hereby agree to and shall be conditioned upon bound by the terms, conditions and provisions of Exhibit B. Tenant acknowledges and agrees that neither Landlord obtaining reasonable assurances that the contractor shall: (i) perform and complete the work on time and without unreasonable interference with the operation nor any of the Building and --------- Landlord's agents, representatives or employees has made any other construction occurring in the Building; (ii) comply with all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements representations as to the terms and conditions suitability, fitness or condition of the Premises for all contractor items relating to conducting its workthe conduct of Tenant's business or for any other purpose, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, including without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating any storage incidental thereto. Any exception to the work; foregoing provisions must be made by express written agreement by both parties. Notwithstanding anything to the contrary contained in this Lease, on the Commencement Date the roof and the heating, ventilating and air conditioning (ix"HVAC") system, and the Contractorelectrical, subcontractors plumbing, sewer, life safety and, if applicable, security systems (collectively, "Building Systems") serving the Premises shall be in good working order and all materialmenrepair. If, laborers and other parties furnishing any labor, materials, equipment or services with respect to any portion during the first thirty (30) days of the Term, the roof or any Building System is not in the condition required by the foregoing sentence, Tenant Improvements will look solely to Tenant shall notify Landlord of the need for payment for the same . Such requirements of Landlord repair, and the terms of this Exhibit repair shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), which shall provide that Landlord is a third party beneficiary thereofcompleted at no cost to Tenant.