Common use of TENANT'S CHANGES Clause in Contracts

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five (45) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent . Preliminary plans or requests for changes shall not be unreasonably withheldsubmitted in writing to the Landlord for preliminary approval. All proposed Landlord shall have fifteen (15) days to respond to Tenant's request for changes. Final plans for Tenant's Changes shall be submitted to Landlord for written consent at least forty five thirty (4530) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Except for changes described in Section 12.07, Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the Landlord's actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Landlord shall then render its invoice to the Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of for the supervision or ten percent fee, which shall be due and payable within thirty (10%30) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord days as additional rent.

TENANT'S CHANGES. 12.01. 13.01 Tenant covenants and agrees that Tenant shall make no changesalterations, alterationsdecorations, installations, repairs, additions, installations, substitutions, improvements or improvements replacements (hereinafter Collectively collectively called "changes"“Tenant Changes” or “Tenant’s Changes”) in, andto or about the Demised Premises without Landlord’s prior written consent, as applied and then only by contractors or mechanics approved by Landlord, except the contractors or mechanics named in Exhibit B annexed hereto and approved by Landlord, which approval of such contractors and mechanics shall not be unreasonably withheld with respect to changes Provided for Tenant’s Changes of a nonstructural nature that do not affect any of the Building’s systems or the exterior of the Building. Landlord agrees not to unreasonably withhold or delay its consent to any Tenant Changes within the Demised Premises (including the plans and specifications and the contractors therefor) which (i) do not in Landlord’s judgment affect the structure of the Building or any part thereof or do not in Landlord’s judgment adversely affect the heating, ventilating, air conditioning, plumbing, electrical or other Building systems or cause a disproportionate share of available quantities of electricity to the Building to be consumed in the Demised Premises, and (ii) do not affect the exterior appearance of the Building. Nothing in this ArticleSection 13.01 shall be construed to require Landlord’s consent for Tenant Changes with an aggregate cost of less than $50,000.00, "Tenant's Changes") in painting of the inside of the Demised Premises by Tenant and other purely cosmetic decorations to the Demised Premises without which are not visible from the express prior written consent exterior of Landlord, the Building and which consent shall do not be unreasonably withheldaffect the structure of the Building or any of the Building systems. All proposed Tenant's ’s Changes shall be submitted done at Tenant’s sole expense and at such time and in such manner as Landlord may from time to Landlord for written consent at least forty five (45) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications time reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changesdesignate. Prior to the commencement of any Tenant Changes requiring Landlord’s consent, Tenant shall submit to Landlord, for Landlord’s written approval, plans and specifications (to be prepared by and at the expense of Tenant's ) of such proposed Tenant Changes in detail reasonably satisfactory to Landlord. In no event shall any material or equipment be incorporated in or to the Demised Premises in connection with any such Tenant’s Changes which is not new and first quality, or is subject to any lien, security agreement, charge, mortgage or encumbrance of any kind whatsoever or is subject to any conditional sale or other similar or dissimilar title retention agreement. Any mechanic’s lien filed against the Demised Premises or the Building for work done for, or claimed to have been done for, or materials furnished to, or claimed to have been furnished to Tenant shall be discharged by Tenant within thirty (30) days thereafter, at Tenant’s expense, by filing the bond required by law or otherwise. All Tenant’s Changes shall at all times comply with (1) the laws, rules, orders and regulations of Governmental Authorities having jurisdiction thereof, (2) the Rules and Regulations, and (3) the plans and specifications prepared by and at the expense of Tenant theretofore submitted to Landlord for Landlord’s prior written approval. No Tenant’s Changes shall be undertaken, started or begun by Tenant or by its agents, employees, contractors or any one else acting for or on behalf of Tenant until Landlord has approved such plans and specifications and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Tenant agrees that it will not at any time prior to or during the term of this Lease, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by Tenant or Landlord or others engaged in the construction, maintenance and/or operation of the Building or any part thereof. No approval or consent given by Landlord hereunder shall constitute certification by Landlord that any proposed Tenant’s Change complies with clauses (1) and (2) of this Section 13.01. Tenant shall submit its plans and specification for any of Tenant’s proposed work for which it seeks approval and Tenant shall reimburse Landlord, within twenty (20) business days after receipt of a xxxx thereof, for Landlord’s actual out-of-pocket expenses and costs incurred in the architectural and/or engineering review thereof. With respect to any Tenant Changes requiring filing within the New York City Building Department, Tenant shall deliver copies of all permits prior to the commencement of any work and upon completion shall deliver copies of all final sign-offs by all applicable inspectors. In addition, with respect to any Tenant Changes, Tenant shall pay to Landlord ten percent Landlord, within twenty business (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (1520) days after completion receipt of Tenant's Changesa xxxx therefor, an amount equal to Landlord’s actual out-of-pocket costs and expenses for Landlord’s indirect costs, field supervision and coordination in connection therewith. Tenant shall furnish Landlord with a statementpay within twenty business (20) days after demand therefor, certified by an officer or a principal the reasonable costs and expenses of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently Landlord’s independent consultants in connection with the delivery review of any additional submissions for alterations to the certified statement Demised Premises not shown on the sketch attached hereto; provided, however, such costs or expenses shall not exceed Two Thousand Dollars (ii$2,000.00) permit Tenant to credit in the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rentaggregate.

TENANT'S CHANGES. 12.01. 12.1 After Tenant takes occupancy of the Demised Premises, Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively collectively called "changes", ," and, as applied to changes Provided provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be unreasonably withheldrequired for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five thirty (4530) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a commercially reasonable supervision fee Supervision Fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, shall simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. Any Tenant Changes performed by the Landlord shall not be subject to a separate Supervision Fee as described in this Paragraph (the cost of any type of supervision shall be included in the price of the work).

TENANT'S CHANGES. 12.01(a) Supplementing Article 3, Landlord's consent shall not be required for minor changes to the demised premises such as the installation of furniture, furnishings, cabinets and shelves which are not affixed to the realty or painting, carpeting, wall hangings or decorations. Tenant shall make no changes, alterationsAll other renovations, additions, installations, substitutions, improvements and alterations of any kind or improvements nature in or to the demised premises whether performed by Tenant or by Landlord (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Tenant Changes") in and to shall require the Demised Premises without the express prior written consent of Landlord which, in the case of non-structural interior Tenant Changes, Landlord agrees not to unreasonably withhold, provided Tenant first complies with all applicable requirements of this lease including any Workleter attached to this lease and the building Rules and Regulations Governing Tenant Alterations (herein called the "Alterations Rules"). In granting its consent to any Tenant Changes, Landlord may impose such conditions (as to guarantee of completion including, without limitation, requiring Tenant to post a bond to insure the completion of Tenant Changes, payment for Tenant Changes and other charges payable under this Article, restoration or otherwise), as Landlord may reasonably require. In no event shall Landlord be required to consent to any Tenant Changes which would affect the structure of the building, the exterior thereof, any part of the building outside of the demised premises or the mechanical, electrical, heating, ventilation, air conditioning, sanitary, plumbing or other service systems and facilities (including elevators) of the building, and such Tenant Changes shall be performed only by contractors designated or approved by Landlord. In connection with Landlord's agent's review, which consent modificiation, approval, supervision and/or coordination of plans and specifications for Tenant Changes, agent shall not be unreasonably withheld. All endeavor to advise Tenant whether the proposed Tenant's Changes are compatible with building systems and facilities, in compliance with the requirements of this lease, in conformity with applicable legal requirements or likely to result in excessive cost to Tenant, but, notwithstanding the foregoing, Landlord's agent shall be submitted to have no liability in connection with such advice. Tenant shall, promptly upon demand, reimburse Landlord's agent for any reasonable out-of- pocket fees, expenses and other charges incurred by Landlord for written consent at least forty five (45) days prior to or its agent in connection with the date Tenant intends to commence review, modification and/or approval of such changes, such submission to include all plans and specifications reasonably required by Landlord's agents and other professional consultants of Landlord. The hourly rate for the work to be done, proposed schedulingsuch agent's review is $70/hour for Co-director of Operations and Engineering, and $250/hour for Director of Property Management. Landlord's imposition of conditions on Tenant changes (i.e. bond, guarantee) are applicable only if the estimated cost of completion the Work exceeds $25,000. Landlord shall not unreasonably withhold its consent to approval of Tenant's Changescontractors. If Landlord consents to TenantLandlord's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of charges for review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changesplans and specifications for any item of alteration shall not exceed $2,500. Prior to the commencement There shall be no Landlord charge for review of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) plans of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rentits original alterations/installations at Lease commencement.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively collectively called "“changes"”, and, as applied to changes Provided provided for in this Article, "“Tenant's ’s Changes"”) in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld. All proposed Tenant's ’s Changes shall be submitted to Landlord for written consent at least forty five thirty (4530) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's ’s Changes. If Landlord consents to Tenant's ’s Changes, Tenant may commence and diligently prosecute to completion Tenant's ’s Changes, under the direct supervision of Landlord. Notwithstanding the foregoing to the contrary: Landlord’s consent shall not be required for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the Demised Premises, the manufacturer of the paint and the color of the paint. Landlord’s consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. Landlord’s consent shall not be required for wall covering provided Tenant provides Landlord with the manufacturer and type of wall covering and such wall covering is properly sized to the walls when installed. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's ’s Changes) equal to the lesser of the actual cost of the supervision or ten five percent (105%) of the certified “hard” cost of completion of Tenant's ’s Changes; provided, however, that no supervision fee shall be applicable to Tenant’s Work (other than the construction management fee set forth in Exhibit C) or to painting, carpeting and/or the installation of wall coverings (collectively, “Cosmetic Changes”). Prior to the commencement of Tenant's ’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall pay to Landlord ten five percent (105%) of the estimated “hard” cost of completion (the "“Estimated Payment"”) as additional rent. Within fifteen (15) days after completion of Tenant's ’s Changes (other than Tenant’s Work and Cosmetic Changes), Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total “hard” cost of completion of Tenant's ’s Changes (the "“Total Cost"”). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten five percent (105%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the within thirty (30) days of Tenant’s delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunderstatement. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten five percent (105%) of the Total Cost exceeded Tenant's ’s Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.

TENANT'S CHANGES. 12.01. 13.1 Tenant shall covenants and agrees that Tenant will make no changesalterations, alterationsinstallations, repairs, additions, installationsimprovements or replacements, substitutionsincluding, or improvements without limitation, Tenant's Initial Alterations (as defined in Section 13-2) (hereinafter Collectively collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and in, to or about the Demised Premises without the express Landlord's prior written consent consent, and then only by contractors or mechanics set forth in Schedule 2 annexed hereto or otherwise approved in advance by Landlord which consent, provided that such contractors comply with the provisions of LandlordSection 13.3, which consent shall not be unreasonably withheldwithheld or unduly delayed. All proposed Tenant's Changes shall be submitted to Landlord for written consent done at least forty five (45) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If sole expense and at such times and in such manner as Landlord consents may from time to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changestime designate. Prior to the commencement of any Tenant's Changes, Tenant shall pay submit to Landlord ten percent Landlord, for Landlord's written approval, three sets of plans and specifications (10%to be prepared by a licensed architect and/or engineer and at the expense of Tenant) of such proposed Tenant's Changes in detail reasonably satisfactory to Landlord. The Landlord reserves the estimated cost right to refer such plans and specifications to Landlord's consulting architects and/or engineers for review at Tenant's expense not to exceed fifty cents ($0.50) for each square foot of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Demised Premises affected by the applicable Tenant's Changes, provided, however, that in no event shall the expenses for such architects and/or engineer's review of Tenant's plans and specifications for Tenant's Initial Alterations exceed $5,000,00. The Tenant shall furnish comply with all reasonable changes or requirements recommended by Landlord's consultants. Landlord with a statement, certified by an officer shall not unreasonably withhold or a principal of Tenant unduly delay its consent to be accurate and true, of the total cost of completion of any non-structural Tenant's Changes provided that such Tenant's Changes (i) are not visible from the-outside of the "Total Cost"). If such certified statement Building, (ii) do not affect any part of the Building other than the Demised Premises, (iii) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building, (iv) do not adversely affect the proper functioning of any of the Building mechanical, electrical, sanitary, heating, air-conditioning, ventilating, elevator, plumbing, life safety or other service systems and (v) do not reduce the value or utility of the Demised Premises or the Building. In no event shall any material or equipment be incorporated in or to the Demised Premises in connection with any such Tenant's Changes which is subject to any lien, security agreement, charge, mortgage or encumbrance of any kind whatsoever or is subject to any conditional sale or other similar or dissimilar title retention agreement. Tenant's Changes shall at all times comply with (1) all laws, rules, orders, regulations and ordinances of governmental and municipal authorities having jurisdiction thereof, (2) the rules and regulations of Landlord, and (3) architectural plans and specifications prepared by and at the expense of Tenant theretofore submitted to Landlord for Landlord's prior written approval and approved by Landlord, and shall be undertaken and completed in a good, workmanlike manner using new or comparable to new materials which shall be of a quality comparable to the original installations in the Demised Premises. No Tenant's Changes shall be commenced by Tenant or any one acting for or on behalf of Tenant until Landlord has approved such plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. With respect to any Tenant's Changes having a cost in excess of Fifty Thousand Dollars ($50,000.00), Tenant shall indicate deliver to Landlord waivers of lien from all contractors, subcontractors and material suppliers involved in the performance of such Tenant's Changes and the furnishing of materials in connection therewith, together with a certificate from Tenant's architect stating that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay in the amount of excess directly to Tenant concurrently architect's opinion, such Tenant's Changes have been performed (and completed) in a good and workmanlike manner and in accordance with the delivery of the certified statement or plans and specifications therefore as approved by Landlord, and (ii) permit Tenant to credit all contractors, subcontractors and material suppliers have been paid for the amount of work performed in connection with such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with Changes or the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rentmaterial furnished in connection therewith.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five sixty (4560) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheld. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five sixty (4560) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall be liable for restoration of all or part of a Tenant Change but only if and to the extent the Landlord identifies the required restoration when granting its consent. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the Landlord's actual cost of the supervision costs or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the Landlord's actual cost of the supervision costs or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the Landlord's actual cost of the supervision costs or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. There shall be no supervision fee charged for painting or carpeting.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheldlandlord. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five sixty (4560) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to o be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlordlandlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%1O%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%1O%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed provided the Tenant is not in default of this Lease. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five sixty (4560) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Upon request by Tenant, at the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent. Tenant shall not be obligated to pay Landlord a supervision fee if Landlord, or one of its affiliates, is the contractor for the Tenant Changes (any supervision fees shall be included in the price of the work).

TENANT'S CHANGES. 12.01. Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively called "changes", and, as applied to changes Provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which consent . No supervision fee shall not be unreasonably withheldrequired with respect to painting or carpeting. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five (45) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. Tenant shall pay to Landlord a commercially reasonable supervision fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.

TENANT'S CHANGES. 12.01. 12.1 After Tenant takes occupancy of the Demised Premises, Tenant shall make no changes, alterations, additions, installations, substitutions, or improvements (hereinafter Collectively collectively called "changes", ," and, as applied to changes Provided provided for in this Article, "Tenant's Changes") in and to the Demised Premises without the express prior written consent of Landlord, which shall not be unreasonably withheld conditioned or delayed. Any additional portion of the Demised Premises used for lab space beyond that lab space provided for in the initial build-out shall be considered a Tenant Change and must be approved by Landlord in writing pursuant to this Article. Landlord's consent shall not be unreasonably withheldrequired for painting of the Demised Premises provided Tenant gives Landlord written notice of its intent to paint the premises, the manufacturer of the paint and the color of the paint. Landlord's consent shall not be required for carpeting the Demised Premises provided Tenant gives Landlord written notice of specifically how the carpet is going to be installed. All proposed Tenant's Changes shall be submitted to Landlord for written consent at least forty five thirty (4530) days prior to the date Tenant intends to commence such changes, such submission to include all plans and specifications reasonably required for the work to be done, proposed scheduling, and the estimated cost of completion of Tenant's Changes. Landlord agrees, within ten (10) business days from Landlord's receipt of Tenant's request for consent to a Tenant Change, to acknowledge receipt of such request. At the time Landlord gives its consent to the Tenant Changes, Landlord shall provide Tenant with the estimated cost of the supervision fee as set forth below. If Landlord consents to Tenant's Changes, Tenant may commence and diligently prosecute to completion Tenant's Changes, under the direct supervision of Landlord. If Landlord fails to take any action within the thirty (30) day period set forth above, Landlord shall be deemed to approved the Tenant's Changes. However, any Tenant Change deemed approved in such a manner shall be subject to the Supervision Fee as set forth below and Tenant shall be required to give Landlord written notice of Landlord's failure to respond to Tenant's request for consent to a Tenant Change in which notice Tenant must demand Landlord to advise Tenant of any restoration required as a result of such Tenant Change. Thereafter, if Landlord fails to advise Tenant of any restoration requirements pursuant to such Tenant Change within three (3) days of Landlord's receipt of Tenant's demand, then restoration shall not otherwise be required with respect to such Tenant's Changes. Tenant shall pay to Landlord a commercially reasonable supervision fee Supervision Fee (which shall include the cost of review of the proposed Tenant's Changes) equal to the lesser of the actual cost of the supervision or equal to ten percent (10%) of the certified cost of completion of Tenant's Changes. Prior to the commencement of Tenant's Changes, Tenant shall pay to Landlord ten percent (10%) of the estimated cost of completion (the "Estimated Payment") as additional rent. Within fifteen (15) days after completion of Tenant's Changes, Tenant shall furnish Landlord with a statement, certified by an officer or a principal of Tenant to be accurate and true, of the total cost of completion of Tenant's Changes (the "Total Cost"). If such certified statement furnished by Tenant shall indicate that the Estimated Payment exceeded the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost, Landlord shall forthwith either (i) pay the amount of excess directly to Tenant concurrently with the delivery of the certified statement or (ii) permit Tenant to credit the amount of such excess against the subsequent payment of rent due hereunder. If such certified statement furnished by Tenant shall indicate that the lesser of the actual cost of the supervision or ten percent (10%) of the Total Cost exceeded Tenant's Estimated Payment, Tenant shall, simultaneously with the delivery to Landlord of the certified statement, pay the amount of such excess to Landlord as additional rent.of