Common use of Tenant’s Contractor Clause in Contracts

Tenant’s Contractor. Tenant shall cause the Tenant Work to be performed by a contractor designated and employed by Tenant, subject to the following terms and conditions: (i) Tenant's Contractor must be approved by Landlord, whose approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled to employ non-union contractors and subcontractors with respect to all trades. (ii) Tenant's Contractor shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance of the Tenant Work, Tenant shall have the right to take such actions and utilize such facilities as are customarily and reasonably taken and utilized in the construction of comparable space. Landlord shall cause any of its contractors working in the Building to work in harmony with Tenant and Tenant's Contractor, and Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant Work. Tenant's Contractor shall be given reasonable access to the site, the loading docks, the elevators, and any hoist(s) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlord. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to Landlord. (ix) Tenant shall indemnify and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the Landlord's Work attributable to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulations.

Tenant’s Contractor. The Contractor shall be responsible for all required construction, management and supervision, including bidding by subcontractors for the various components of the work of the Improvements. Tenant shall cause the Tenant Work submit to be performed by a contractor designated and employed by Tenant, subject Landlord not less than ten (10) days prior to commencement of construction the following terms information and conditionsitems: (i) The names and addresses of the subcontractors (collectively, together with the Contractor, the "Tenant's Contractor must Contractors") Tenant intends to employ in the construction of the Improvements; provided that Tenant shall not be approved by required to advise Landlord in advance of the identity of those subcontractors performing work within the Premises for a contract amount reasonably anticipated to be less than Fifty Thousand Dollars ($50,000.00). Landlord shall have the right to disapprove any of Tenant's Contractors, provided that Landlord, whose 's approval shall not be unreasonably withheld, delayed or conditioned. and Tenant shall be entitled to employ non-union employ, as Tenant's Contractors, only those persons or entities approved by Landlord. All contractors and subcontractors engaged by or on behalf of Tenant for the Premises shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with respect Landlord's contractors and subcontractors and with other contractors and subcontractors on the job site. All work by Tenant's Contractors shall be coordinated with Landlord's completion of Landlord's Work, as delineated on Landlord's proposed schedule for performance of Landlord's Work, which shall be furnished to all tradesTenant as soon as reasonably possible following the Effective Date, but in any event by November 1, 1999. (ii) The scheduled commencement date of construction, the estimated date of completion of construction work, fixturing work, and date of occupancy of the Premises by Tenant's Contractor shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance Itemized statement of the Tenant Workestimated construction cost, Tenant shall have the right to take such actions including permits and utilize such facilities as are customarily and reasonably taken and utilized in the construction of comparable space. Landlord shall cause any of its contractors working in the Building to work in harmony with Tenant and Tenant's Contractorfees, architectural, engineering, and Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant Work. Tenant's Contractor shall be given reasonable access to the site, the loading docks, the elevators, and any hoist(s) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlord. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(scontracting fees ("Estimated Total Construction Cost"), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) Certified copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies insurance policies or certificates of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (insurance as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlordhereinafter described. Tenant shall also be responsible for obtaining the nonresidential use not permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts Contractors to obtain permits commence work until the required insurance has been obtained and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost certified copies of policies or certificates have been delivered to Landlord. (ix) Tenant shall indemnify and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the Landlord's Work attributable to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulations.

Tenant’s Contractor. (a) Notwithstanding anything in this Exhibit C to the contrary, Tenant shall cause contract with Burr Xxxputer Environments, Inc. (the Tenant Work "Tenant's Contractor") to be performed by a contractor designated construct Tenant's Improvements. Tenant's Contractor shall (and employed by Tenant, subject to the following terms and conditions:its contract shall so provide that it shall): (i) be capable of working in harmony with the Landlord's space planners, architects, engineers, contractors, workmen, mechanics, or other agents or independent contractors in the performance of their work ("Landlord's Agents") and shall comply with such reasonable rules and regulations as may be promulgated by Landlord; (ii) maintain such payment and performance bonds and insurance in force and effect as may be reasonably requested by Landlord or as required by applicable law; and (iii) use reasonable efforts to reach an understanding with Landlord's Agents as to the conduct of their work, including but not limited to those matters relating to hoisting, Building systems, systems interfacing, clean-up, use of temporary utilities, protection of installed materials or- equipment, sanitary facilities, temporary heating, lighting and cooling and access to the Premises (it being understood that the Tenant's Contractor must be approved shall arrange with and pay to Landlord's Agents an amount, if any, negotiated by Landlordsuch parties in good faith, whose approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled to employ non-union contractors and subcontractors with respect to all tradessuch functions and services). (iib) Landlord's sole obligation with respect to construction of the Tenant's Improvements shall be to deliver the Premises in its as-is condition and contribute the Finish Allowance in accordance with Section 2 of this Exhibit C. (c) Tenant's Contractor shall maintain worker's compensation use only subcontractors pre-approved by Landlord for all mechanical, electrical, plumbing or fire protection work within the Building. Landlord and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in Tenant agree that Fisk Electric shall be the case of workers' compensation coverage, in amounts statutorily requiredelectrical subcontractor. (iiid) In its performance The Construction Plans Review Fee shall be payable to Landlord in consideration of Landlord's engineers (CHP & Associates) review of Tenant's Construction Plans drawn by Tenant's engineers, and may be offset against the Tenant WorkFinish Allowance as invoices are received by Landlord from CHP & Associates. Prior to the Commencement Date, Tenant, Tenant's Contractor and other authorized representatives of Tenant shall have the right to take such actions enter upon the Premises for the purposes of preparing the Premises for construction and utilize such facilities as are customarily and reasonably taken and utilized in the for construction of comparable spaceTenant's Improvements. Landlord shall cause not be liable for any injury, loss or damage to any of its contractors working in the Building to work in harmony with Tenant and Tenant's Contractor, and Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant Work. Tenant's Contractor shall be given reasonable access installations or decorations made prior to the site, the loading docks, the elevators, Commencement Date and any hoist(s) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlord. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made installed by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to Landlord. (ix) Tenant shall indemnify and hold harmless Landlord harmless and Landlord's Agents from and against and reimburse Landlord for and with respect to, any and all losscosts, liabilityexpenses, damageclaims, claim, cause liabilities and causes of action or expense, including reasonable attorneys' fees, directly arising out of or in connection with work performed in the Premises by or on behalf of Tenant. Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result and the Tenant's Contractor pursuant to this Section 3 shall be deemed to be under all of the Tenant Workterms, including alterationscovenants, repairs provisions and replacements to the base building or any other part conditions of the Landlord's Work attributable Lease except the covenant to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulationspay Rent.

Tenant’s Contractor. a. Tenant shall cause select a general contractor from Landlord's list of approved contractors (the Tenant Work to be performed by a contractor designated and employed by Tenant, subject to the following terms and conditions: (i) Tenant's Contractor must be approved by Landlord, whose approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled to employ non-union contractors and subcontractors with respect to all trades. (ii) Tenant's Contractor shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance of the Tenant Work, Tenant shall have the right to take such actions and utilize such facilities as are customarily and reasonably taken and utilized in the construction of comparable space. Landlord shall cause any of its contractors working in the Building to work in harmony with Tenant and "Tenant's Contractor"). Landlord approves Xxxx Computer Environments, and Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant WorkInc. as Tenant's construction consultant. Tenant's Contractor shall (and its contract shall provide that it shall): (1) be given capable of working in harmony with the Landlord's space planners, architects, engineers, contractors, workmen, mechanics, or other agents or independent contractors in the performance of their work ("Landlord's Agents") and shall comply with such reasonable rules and regulations as may be promulgated by Landlord; (2) maintain such payment and performance bonds and insurance in force and effect as may be reasonably requested by Landlord or as required by applicable law; and (3) use reasonable efforts to reach an understanding with Landlord's Agents as to the conduct of their work, including but not limited to those matters relating to hoisting, Building systems, systems interfacing, clean-up, use of temporary utilities, protection of installed materials or equipment, sanitary facilities, temporary heating, lighting and cooling and access to the site, Premises (it being understood that the loading docks, the elevators, and any hoist(s) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlord. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that shall arrange with and pay to Landlord's contractor Agents an amount, if any, negotiated by such parties in good faith, with respect to such functions and services). b. Tenant's Contractor are both performing material shall use only subcontractors pre-approved by Landlord for all mechanical, electrical, plumbing or fire protection work in within the Building, . Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's the Building approved electrical contractor or only shall be the electrical subcontractor (currently Xxxx Electric). c. Prior to the Fourth Expansion Space Rental Commencement Date, Tenant, Tenant's Contractor is performing material work in and other authorized representatives of Tenant shall have the right, during normal business hours, to enter upon the Fourth Expansion Space for the purposes of preparing it for construction and for construction of Tenant's Improvements. After- hours access to the Building, the party employing such contractor shall pay Fourth Expansion Space and the entire cost Building's systems, as required for construction of any electricity consumed Tenant's Improvements in the Building. (iv) No chargesFourth Expansion Space, fees or markups shall be collected will require prior coordination and approval by Landlord with respect to Landlord. LANDLORD SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE TO ANY OF TENANT'S INSTALLATIONS OR DECORATIONS AND NOT INSTALLED BY LANDLORD UNLESS SUCH LIABILITY RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD'S EMPLOYEES OR AGENTS. TENANT SHALL INDEMNIFY AND HOLD HARMLESS LANDLORD AND LANDLORD'S AGENTS FROM AND AGAINST AND REIMBURSE LANDLORD FOR AND WITH RESPECT TO, ANY AND ALL COSTS, EXPENSES, CLAIMS, LIABILITIES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH WORK PERFORMED IN THE FLOOR7 SPACE OR THE FOURTH EXPANSION SPACE BY OR ON BEHALF OF TENANT EXCEPT IF SAME RESULTS FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD'S EMPLOYEES OR AGENTS. Such entry into the Fourth Expansion Space by Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and pursuant to this Section 3 shall be deemed to be under all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work terms, --------- covenants, provisions and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 conditions of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject except the covenant to the provisions of this Exhibit B, Tenant shall be solely pay Rent. Landlord is not responsible for the progress of construction of the Tenant Work, function and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing maintenance of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to LandlordImprovements. (ix) Tenant shall indemnify and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the Landlord's Work attributable to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulations.

Tenant’s Contractor. Tenant shall cause (a) Xxxxxx agrees to employ for the Tenant Work to be performed a responsible general contractor approved by Landlord (which approval is hereby given for Xxxxxxx Corporate Interiors as the General Contractor and Electronic Environment Infrastructure Solutions as the design/build contractor for the server room) who shall (1) cooperate with and not interfere with any other contractors doing work in the Building or on the Property; and (2) carry so-called "builder's risk" insurance covering Landlord and Tenant as their interests may appear, against loss or damage by fire, vandalism, malicious mischief and such risks as are customarily covered by a contractor designated and employed by Tenant, subject so-called "extended coverage endorsement" to the following terms and conditions: (i) Tenant's Contractor must be approved by Landlord, whose approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled to employ non-union contractors and subcontractors with respect to all trades. (ii) Tenant's Contractor shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance full insurable value of the Tenant Work, in addition to all other insurance required by Section 6.2.5 of this Lease, and submit certificates evidencing such coverage to Landlord prior to the commencement of the Tenant Work. Tenant shall obtain Landlord's approval of the Construction Documents for the Tenant Work and all necessary governmental licenses, approvals and permits therefor and deliver to Landlord the statements and insurance certificates required hereunder and under 6.2.5 of this Lease on or before the Commencement Date and promptly thereafter Tenant shall commence and diligently prosecute to completion the Tenant Work in accordance with the Construction Documents in a good and workmanlike manner employing materials of good quality and in compliance with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws. Any changes in the Construction Documents shall require Landlord's prior written approval which approval or disapproval shall be given by Landlord to Tenant within three (3) business days of receipt thereof. (Tenant shall also deliver a set of the changes simultaneously to Landlord's Architect). If Landlord does not notify Tenant of its approval or disapproval within such 3 business day period, such changes shall be deemed approved hereunder. The Tenant Work shall otherwise be performed in accordance with the applicable provisions of this Lease, including, without limitation, Section 6.2.5. (b) Tenant shall have the right to take such actions enter the Premises from and utilize such facilities as are customarily and reasonably taken and utilized in after the construction of comparable space. Landlord shall cause any of its contractors working in Commencement Date to perform the Building to work in harmony with Tenant and Tenant's ContractorWork therein, and Landlord shall not knowingly permit any other contractors have the right to interfere occupy the Premises for the Permitted Uses prior to the Rent Commencement Date (and without triggering an obligation to pay Fixed Rent or Additional Rent, but with the performance obligation to pay all utility and cleaning costs applicable to the Premises) upon satisfaction of the requirements for the final advance of the Allowance specified under Section 3.5 below (or upon the issuance of a certificate of occupancy by the City of Xxxx for the Phase 1 Portion if completed before the completion of the remainder of the Tenant Work. Tenant's Contractor shall be given reasonable access ) and subject to the site, the loading docks, the elevators, all terms and any hoist(s) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlordconditions of this Lease. Tenant shall not provide a project manager who will be charged the point of contact with Xxxxxxxx's Project Manager for all matters dealing with the use of elevators, loading docks, design and similar facilities in the construction condition of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to Landlord. (ix) Tenant shall indemnify and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the Landlord's Work attributable to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulations.

Tenant’s Contractor. (a) Tenant agrees to employ for the TIW a responsible general contractor reasonably approved by Landlord who shall (1) employ, and hire subcontractors who employ, union labor to do all union trade work, (2) employ, and hire subcontractors who employ, labor which will work without interference with other labor working on the Premises or Building for any work that is not union trade work, and (3) carry builder's risk insurance covering Landlord and Tenant as their interest may appear, against loss or damage by fire, vandalism, malicious mischief and such risks as are customarily covered by a so-called "extended coverage endorsement" to the full insurable value of the TIW, in addition to all other insurance required by Section 6.2.5 and submit certificates evidencing such coverage to Landlord prior to the commencement of the TIW. Tenant shall cause obtain Landlord's approval of the Construction Documents for the TIW and all necessary governmental licenses and permits therefor and deliver to Landlord the statements and insurance certificates required under Section 6.2.5 on or before the Commencement Date for the part of the Premises in question and promptly thereafter Tenant Work shall commence and diligently prosecute to be performed by completion the TIW in accordance with the Construction Documents in a contractor designated good and employed by Tenantworkmanlike manner employing materials of good quality and in compliance with all applicable zoning, subject to building, fire, health and other codes, regulations, ordinances and laws. Any changes in the following terms and conditions: (i) TenantConstruction Documents shall require Landlord's Contractor must be approved by Landlordprior written approval, whose approval which shall not be unreasonably withheld, delayed conditioned or conditioneddelayed. Tenant The TIW shall otherwise be entitled to employ non-union contractors and subcontractors performed in accordance with respect to all tradesthe applicable provisions of this Lease, including, without limitation, Section 6.2.5 hereof. (iib) TenantWith Landlord's Contractor prior written consent (which may be withheld without challenge for unreasonableness), Tenant may enter the Premises prior to the Commencement Date in order to commence the TIW therein but only if in Landlord's judgement it can be done without interference with Landlord's Work. Any such entry shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance be upon all of the Tenant Work, terms and conditions of this Lease except that no rent shall be payable therefor. Tenant shall have the right to take such actions enter each part of the Premises from and utilize such facilities as are customarily and reasonably taken and utilized in after the construction of comparable space. Landlord shall cause any of its contractors working in Commencement Date therefor to perform the Building to work in harmony with Tenant and Tenant's ContractorTIW therein, and Landlord shall not knowingly permit have the right to occupy any other contractors to interfere with the performance part of the Tenant Work. Tenant's Contractor shall be given reasonable access Premises for the Permitted Uses prior to the site, the loading docks, the elevators, Fixed Rent Commencement Date therefor (and any hoist(swithout triggering an obligation to pay Fixed Rent) put in place by Landlord; provided, however, that all such access to the loading docks, elevators and hoist(s) shall be scheduled through Landlord. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction upon satisfaction of the Tenant Work. Landlord shall specify an hourly charge for the use of any hoist(s) put in place by Landlord to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% requirements for the final fifty percent (50%) advance of the Tenant Work, Allowance for such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to Landlord. (ix) Tenant shall indemnify and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the Landlord's Work attributable to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulations.Premises under Section 3.5

Tenant’s Contractor. Landlord hereby grants Tenant shall cause the right to select its own contractor to construct the Tenant Work to be performed by a contractor designated Leasehold improvements provided for in the Final Plans and employed by Tenant, subject to the following terms and conditions: (i) Tenant's Contractor must be approved by Specifications with prior approval of Landlord, whose which approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall be entitled to employ non-union contractors and subcontractors with respect to all trades. (ii) Tenant's Contractor shall maintain worker's compensation and builder's risk insurance, in amounts and with companies reasonably satisfactory to Landlord, or, in the case of workers' compensation coverage, in amounts statutorily required. (iii) In its performance of the Tenant Work, Tenant shall have the right to take such actions and utilize such facilities as are customarily and reasonably taken and utilized in the construction of comparable space. Landlord shall cause any of its contractors working in the Building to work in harmony with Tenant acknowledges that it has approved both Price Xxxxx, Xxxxxx Ford, and Xxxxx X. Xxxxxx Company as Tenant's Contractor, and Landlord shall not knowingly permit any other contractors to interfere with the performance of the Tenant Work. Tenant's Contractor will apply for and obtain all permits, licenses and certificates for the construction of Tenant's Leasehold improvements and for the occupancy Premises by Tenant. Tenant warrants to Landlord that Tenant Leasehold improvements to be installed by its Contractor shall be given reasonable access completed in a good and workmanlike manner and comply with all applicable governmental laws, rules and regulations. Tenant's representative and Landlord's representative will coordinate construction of Tenant Improvements and the payment of invoices for labor and materials and will adopt procedures which shall include, without limitation (i) payment of invoices to the site, the loading docks, the elevators, and any hoist(sTenant's Contractor by landlord within fifteen (15) put in place days after Tenant's written approval; (ii) procedures required by Landlord's Construction Lender; provided, however, that all such access (iii) execution of lien waivers; (iv) resolution of disputes. Landlord and Landlord's representative shall have no liability or obligation to Tenant regarding the loading docks, elevators and hoist(s) shall be scheduled through Landlordquality or fitness of Tenant's leasehold improvements. Tenant shall not be charged for the use of elevators, loading docks, and similar facilities in the construction of the Tenant Work. Landlord shall specify an hourly charge for the use of allow any hoist(s) put in place by Landlord labor or material liens to cover Landlord's actual costs associated with the use of such hoist(s), and Tenant shall pay for any use of such hoist(s) by Tenant or Tenant's Contractor at such hourly rate promptly upon being billed therefor. During any period that Landlord's contractor and Tenant's Contractor are both performing material work in the Building, Landlord and Tenant agree to share equally the cost of any electricity consumed in the Building. During any period that only Landlord's contractor or only Tenant's Contractor is performing material work in the Building, the party employing such contractor shall pay the entire cost of any electricity consumed in the Building. (iv) No charges, fees or markups shall be collected by Landlord with respect attach to the Tenant Work performed by Tenant's Contractor. (v) Following completion of the Tenant Work by Tenant's Contractor, provided Landlord has disbursed the Tenant Work Credit in the manner required pursuant hereto, Tenant shall obtain real property and deliver to Landlord an unconditional lien waiver and an indemnification against subcontractor will promptly cause such liens with respect to the Premises and the Building from Tenant's Contractor and all major subcontractors. Should any mechanic's or materialman's lien be filed against the Premises or the Building with respect to any Tenant Work being performed by Tenant's Contractor or its subcontractors, Tenant shall promptly bond or pay off such lien. (vi) Tenant's contract with Tenant's Contractor shall provide for a retainage of 10% with respect to the first fifty percent (50%) of the Tenant Work and 0% for the final fifty percent (50%) of the Tenant Work, such that, upon substantial completion of the Tenant Work, a 5% retainage balance will remain, which retainage balance shall be disbursed to Tenant's Contractor upon delivery of the final lien waiver described in clause (v) above. (vii) The Tenant Work Credit described in Paragraph (f) below shall be disbursed to Tenant, no more than once every thirty (30) days, based on the percentage of the Tenant Work that has been completed (as reasonably determined by Landlord's architect and Tenant's architect) (but subject to Paragraph (e) below). In connection with a request for the disbursement of any portion of the Tenant Work Credit for "hard" or "soft" costs or other permitted applications of the Tenant Work Credit, Tenant shall submit an AIA G702 requisition form, and in connection therewith (or as part thereof) Tenant shall furnish to Landlord (i) a certificate signed by Tenant's Authorized Representative stating that the work for which payment is sought has been completed in accordance with Tenant's Plans and in a manner satisfactory to Tenant, (ii) copies of lien waivers in a form reasonably satisfactory to Landlord and its lender executed by the contractor performing the work for which payment is being sought (which lien waivers may be conditioned on payment for the current month), and (iii) if requested by Landlord, copies of invoices for all work for which Tenant is seeking payment. In the event Landlord fails to make a disbursement of the Tenant Work Credit within twenty (20) days after the date Tenant submits a requisition and the supporting materials described above, such payment shall bear interest at the Default Rate (as defined in Section 20.4 of the Lease) from the date payment is required to be made hereunder through the date such payment is actually made by Landlord. In addition, if Landlord's improper failure to make such disbursement results in a work stoppage by Tenant's Contractor, then the December 29, 1995 date set forth in Section 3.2 of the Lease shall be extended by one day for each day of such work stoppage. (viii) Subject to the provisions of this Exhibit B, Tenant shall be solely responsible for the progress of construction of the Tenant Work, and for the quality and fitness thereof (except in cases where the Tenant Work is reliant on the proper performance of the Base Building Work to function properly). Without limiting the generality of the foregoing, Tenant shall be solely responsible for the filing of Tenant's Plans with appropriate governmental authorities and the obtaining of all necessary permits. Copies of all permits shall be promptly furnished by Tenant to Landlord. Tenant shall also be responsible for obtaining the nonresidential use permit for the Premises, and shall deliver the original thereof to Landlord. Landlord shall cooperate with Tenant in Tenant's efforts to obtain permits and a nonresidential use permit, and shall promptly execute any reasonable document relating thereto, at no cost to Landlord. (ix) Tenant shall indemnify bonded or released and hold Landlord harmless from any and all loss, liability, damage, claim, cause of action or expense, including reasonable attorneys' fees, directly arising out of the Tenant Work, including, but not limited to, any mechanics or construction except for those liens arising as a result thereof, any repair, alteration or replacement required as a result of the Tenant Work, including alterations, repairs and replacements to the base building or any other part of the caused by Landlord's Work attributable delinquency in payment of tenant's contractor invoices approved and submitted to the Tenant Work or any damage caused to Landlord's Work during construction of the Tenant Work and/or subsequent operation of the facilities and systems incorporated into the Tenant Work and any failure of the Tenant Work to comply with any applicable governmental laws, ordinances, rules and regulationsLandlord for approval.