Common use of TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS Clause in Contracts

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, and space planning fees are hereinafter collectively referred to as the “Tenant Improvement Costs”). Tenant shall make no material changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring fee equal to one percent (1%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”). The Tenant Improvements shall be performed by contractors approved by Landlord and employed by Tenant under one or more construction contracts that require the prime contractor and the respective subcontractors of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and content, which approval shall not be unreasonably withheld or delayed.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall prepare the Premises for Tenant’s 's occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s 's sole cost and expense (all such costs and expenses, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, and space planning fees are hereinafter collectively referred to as the “"Tenant Improvement Costs”"). Except as expressly permitted under the immediately following sentence, Tenant shall make no material changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the prior written consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building withheld, conditioned or Building systemsdelayed. In no event shall Tenant may make any changes to the Plans and Specifications without the Landlord's consent provided that (a) such changes relate solely to the interior of the Premises, are non-structural, and do not affect any of the Building's mechanical, HVAC, electrical, plumbing or other systems, and (b) the work reflected cost of the Tenant Improvements shall not increase or decrease by more than Fifty Thousand Dollars ($50,000.00) as a result of any individual change or by more than One Hundred Thousand Dollars ($100,000.00) in the Plans and Specifications without the consent aggregate as a result of the Landlord if all such changes affect any structural elements (and for purposes of the Building or Building systems and/or the location of any door or wallmeasuring such aggregate changes, increases and decreases shall both be deemed positive numbers and shall not offset each other). Tenant’s 's completion of the Tenant Improvements shall be performed by Tenant’s 's contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by or Tenant, Tenant’s 's qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, right to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring fee equal to one three percent (13%) of the Tenant Improvement Costs (the “"Construction Monitoring Fee”"). The Tenant Improvements shall be performed by contractors selected by Tenant and approved by Landlord and Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Such contractors shall be employed by Tenant under one or more construction contracts contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord's reasonable discretion and may include a requirement that require the prime contractor and the respective subcontractors of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. In all events, Tenant shall furnish Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or with a complete copy set of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction as-built plans upon completion of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and content, which approval shall not be unreasonably withheld or delayedImprovements.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt Landlord shall provide, at its cost, the Base Building Premises as described herein. Landlord’s obligation to pay for the cost of possession completing the Tenant Improvements shall not exceed the Tenant Improvement Allowance. The Tenant Improvement Allowance, subject to the limitations on the amount thereof, is intended to apply to all costs and expenses to build out fully finished and ready-to-occupy space from the Base Building Premises, including permitting fees, and costs of construction, materials, equipment, permit applications, fees and code compliance, special facilities and any “built-ins,” general contractor’s fees and generally all actual and reasonable costs to complete construction and design of the Premises. Notwithstanding the foregoing, however, (i) a portion of the Tenant shall prepare Improvement Allowance, subject to the Premises limitations on the amount thereof, not to exceed Eight Hundred Sixty-Eight Thousand Four Hundred Forty Dollars ($868,440.00) (calculated as $10.00 per rentable square foot of the Premises), may be used by Tenant for the costs of Tenant’s occupancy furniture, fixtures and complete equipment, personal property and Tenant’s specialty and removable trade fixtures, moving expenses of any kind or nature, third party project management fees and architectural and engineering fees, and (ii) a portion of the Tenant Improvements in accordance with Improvement Allowance, subject to the Plans and Specifications in all material respects and at limitations on the amount thereof, not to exceed Four Hundred Thirty-Four Thousand Two Hundred Twenty Dollars ($434,220.00) (calculated as $5.00 per rentable square foot of the Premises), may be used by Tenant for the costs of Tenant’s sole cost data and expense telecommunications cabling and equipment or for signage. The Tenant Improvement Allowance shall include a fee payable to Landlord’s construction manager for construction management services, in the amount of one-half percent (all such costs and expenses, including 0.5%) of the “gross construction cost,” meaning the cumulative total of all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, and space planning fees are hereinafter collectively referred to as incurred in completing the “Tenant Improvement Costs”)Premises. Tenant shall make no material changes to If the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion cost of the Tenant Improvements exceeds the Tenant Improvement Allowance, Tenant shall be performed pay to Landlord such excess (the “Excess Costs”) within ten (10) days after demand by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant orLandlord. Further, if directed in writing by Tenant, Tenant’s qualified representative. In at any time the event total cost of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of completing the Tenant Improvements is estimated to review and monitor exceed the performance of same, and Tenant shall pay Landlord a construction monitoring fee equal to one percent (1%) amount of the Tenant Improvement Allowance, Landlord or Landlord’s lender, may require Tenant to post a payment of performance bond to secure Tenant’s obligations to pay such Excess Costs (the “Construction Monitoring Fee”). The Tenant Improvements which shall be performed by contractors approved by Landlord and employed by at the sole expense of Tenant under one or more construction contracts that require the prime contractor and the respective subcontractors of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions but which may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with deducted from the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this LeaseTenant Improvement Allowance. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt have, in connection with such Excess Costs, all the rights and remedies granted under this Lease in connection with the enforcement of a written request for such approval and containing the full name and address collection of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and content, which approval shall not be unreasonably withheld or delayedBase Rent.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall be responsible for all costs to prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses's occupancy, including all hard and soft costs costs, such as and without limitation, all labor and materials, architectural, engineering, permittingproject management, cabling and wiring costs, permitting and space planning fees are hereinafter collectively referred to as (collectively, the “"Tenant Improvement Costs”"). Tenant shall make no material changes further agrees to pay the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring management fee (the "Construction Management Fee") equal to one three percent (13%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”). The Tenant Improvements Improvement Allowance shall be performed applied against the Tenant Improvement Costs and the Construction Management Fee. If the cost of the Tenant Improvements and Construction Management Fee exceeds the Tenant Improvement Allowance, Tenant shall pay such excess to Landlord on demand and prior to Landlord's commencement of work on the Tenant Improvements. Any delay in Tenant paying such excess to Landlord shall constitute Tenant Delay. If the cost of the Tenant Improvements and Construction Management Fee subsequently increases (or further increases) above the Tenant Improvement Allowance as a result of change orders requested by contractors Tenant and approved by Landlord, Tenant shall pay to Landlord such excess within five (5) Business Days after Substantial Completion of the Tenant Improvements. If Tenant fails to pay to Landlord the cost of any such excess Tenant Improvements and employed by Construction Management Fee as and when due, Landlord may elect to suspend work on the Tenant under one or more construction contracts that require the prime contractor Improvements pending such timely payment, and the respective subcontractors Commencement Date shall be deemed to have occurred on the date that Substantial Completion would have been achieved absent such suspension of work. If the aggregate of the Tenant Improvement Costs and Construction Management Fee is less than the Tenant Improvement Allowance, upon satisfaction of the conditions set forth below, the unexpended and unapplied balance thereof remaining after payment in full of the Tenant Improvement Costs and Construction Management Fee up to a maximum of Twenty Thousand Five Hundred Forty-Six and 00/100 Dollars ($20,546.00) (based upon Two and 00/100 Dollars ($2.00) per rentable square foot of the Premises) shall be available to Tenant in a single draw (the "Tenant Expenditure Draw") to reimburse Tenant for Tenant Expenditures. Except as expressly provided in the immediately preceding sentence, Tenant shall not be entitled to receive any credit or payment on account of any tier: unexpended portion of the Tenant Improvement Allowance. If applicable, at least fifteen (15) Business Days before the date upon which the Tenant desires the Tenant Expenditure Draw, the Tenant shall submit to Landlord (a) be parties to, and bound by, an itemized requisition on a collective bargaining agreement with a labor organization affiliated with form acceptable to the Building and Construction Trades Council Landlord stating the amount of the AFL-CIO requested advance and the items(s) to be reimbursed from the proceeds thereof, and (b) employ only members copies of invoices for all such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, items and evidence of payment in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and content, which approval shall not be unreasonably withheld or delayedthereof.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of If the Premises, the Tenant shall prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, and space planning fees are hereinafter collectively referred to as the “Tenant Improvement Costs”). Tenant shall make no material changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by exceeds the Tenant Improvement Allowance and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant orExcess Allowance, if directed in writing any is utilized by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy then Tenant shall be deemed conclusive. Landlord shall have the right, pay for such excess at Landlord’s its sole cost and expense, to and Landlord shall have its representative at no responsibility whatsoever in connection with the same. All Tenant Improvements, regardless of which party constructed them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; PROVIDED THAT, at Landlord's election and upon notice to Tenant, Tenant shall be required to remove all times during the construction or any portion of the Tenant Improvements upon the expiration or earlier termination of this Lease; provided however, that Tenant shall not be required to review and monitor remove the performance of sameinitial Tenant Improvements set forth on Exhibit "F" attached hereto, provided the same are Project standard, as reasonably determined by Landlord. 2.5 CONDITION OF PREMISES "AS-IS". Tenant hereby agrees that the Premises shall be taken "as is", "with all faults", without any representations or warranties, and Tenant shall pay Landlord a construction monitoring fee equal to one percent (1%) hereby agrees and warrants that it has investigated and inspected the condition of the Tenant Improvement Costs (the “Construction Monitoring Fee”). The Tenant Improvements shall be performed by contractors approved by Landlord and employed by Tenant under one or more construction contracts that require the prime contractor Premises and the respective subcontractors suitability of same for Tenant's purposes, and Tenant does hereby waive and disclaim any tier: (a) be parties objection to, and bound bycause of action based upon, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council or claim that its obligations hereunder should be reduced or limited because of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) condition of the immediately preceding sentence Premises or the suitability of this paragraph, same for Tenant's purposes. Tenant acknowledges that neither Landlord nor any agent nor any employee of Landlord has made any representations or warranty with respect to the following substitutions may be made: (1) a project labor agreement in place Premises or Project or with respect to the suitability of a collective bargaining agreementeither for the conduct of Tenant's business, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building Tenant expressly warrants and Construction Trades Council represents that Tenant has relied solely on its own investigation and inspection of the AFL-CIO. Such contractors also shall comply with all requirements Premises and the Project in Paragraph 4.5 of its decision to enter into this LeaseLease and let the Premises in an "as is" condition. Landlord shall approve assign to Tenant, on a non-exclusive basis, to the extent assignable, all warranties and guaranties provided to Landlord with respect to any major equipment and materials furnished exclusively to the Premises, and Landlord shall use commercially reasonable efforts to assist Tenant, at no cost or disapprove expense to Landlord, with Tenant's enforcement of any proposed contractor warranties or construction contract within three (3) Business Days after Landlord’s receipt guaranties that have been so assigned to Tenant. The taking of a written request for such approval and containing the full name and address possession of the contractor and/or a complete copy of Premises by Tenant shall conclusively establish that the construction contract (as applicable)Premises and the Project were at such time in satisfactory condition. Without limiting the foregoing, Tenant’s contract with its general contractor for the construction of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and content, which approval shall not be unreasonably withheld or delayed.2.6

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall be responsible for all costs to prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses's occupancy, including all hard and soft costs costs, such as and without limitation, all labor and materials, architectural, engineering, permitting, permitting and space planning fees are hereinafter collectively referred to as (collectively, the “"Tenant Improvement Costs”"). Tenant shall make no material changes further agrees to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring management fee (the "Construction Management Fee") equal to one three percent (13%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”)Costs. The Tenant Improvements Improvement Allowance shall be performed by contractors approved by Landlord and employed by applied against the Tenant under one or more construction contracts that require the prime contractor Improvement Costs and the respective subcontractors Construction Management Fee. Tenant shall not be entitled to receive any credit or payment on account of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council unexpended portion of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions)Tenant Improvement Allowance. However, at Landlord’s sole option, in clause (a) of If the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction cost of the Tenant Improvements and the Construction Management Fee exceed the Tenant Improvement Allowance, Tenant shall pay to Landlord on demand and prior to Landlord's commencement of the work to prepare the Premises for Tenant's occupancy, any amount which is Tenant's responsibility to pay. If Tenant fails to pay to Landlord the cost of any such excess Tenant Improvements and Construction Management Fee as and when due, Landlord may elect to suspend work on the Tenant Improvements pending such timely payment, and the Commencement Date shall be subject deemed to have occurred on the approval date that the Tenant Improvements would have achieved Substantial Completion absent such suspension of work. All Tenant Improvements, regardless of which party constructed them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided that, at Landlord's election and upon notice to Tenant, Tenant shall be required to remove all or any portion of the Landlord as to both form and content, which approval shall not be unreasonably withheld Tenant Improvements upon the expiration or delayedearlier termination of this Lease.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall be responsible for all costs to prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses's occupancy, including all hard and soft costs costs, such as and without limitation, all labor and materials, architectural, engineering, permitting, permitting and space planning fees are hereinafter collectively referred to as (collectively, the “"Tenant Improvement Costs”Cost"). Tenant shall make no material changes further agrees to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring management fee (the "Construction Management Fee") equal to one three percent (13%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”)Costs. The Tenant Improvements Improvement Allowance shall be performed by contractors approved by Landlord and employed by applied against the Tenant under one or more construction contracts that require the prime contractor Improvement Costs and the respective subcontractors Construction Management Fee. Tenant shall not be entitled to receive any credit or payment on account of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council unexpended portion of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions)Tenant Improvement Allowance. However, at Landlord’s sole option, in clause (a) of If the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction cost of the Tenant Improvements and the Construction Management Fee exceed the Tenant Improvement Allowance, Tenant shall pay to Landlord on demand and prior to Landlord's commencement of the work to prepare the Premises for Tenant's occupancy, any amount which is Tenant's responsibility to pay. If Tenant fails to pay to Landlord the cost of any such excess Tenant Improvements and Construction Management Fee as and when due, Landlord may elect to suspend work on the Tenant Improvements pending such timely payment, and the Commencement Date shall be subject deemed to have occurred on the approval date that the Tenant Improvements would have achieved Substantial Completion absent such suspension of work. All Tenant Improvements, regardless of which party constructed them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided that at Landlord's election and upon notice to Tenant, Tenant shall be required to remove all or any portion of the Landlord as to both form and content, which approval shall not be unreasonably withheld Tenant Improvements upon the expiration or delayedearlier termination of this Lease.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. Section 2.5.1 Upon receipt of possession of the PremisesLease is hereby amended by deleting the seventh (7th), the Tenant shall prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense eighth (all such costs and expenses, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, and space planning fees are hereinafter collectively referred to as the “Tenant Improvement Costs”). Tenant shall make no material changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed8th), and ninth (b9th) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction full sentences of the Tenant Improvements to review and monitor paragraph in their entirety, resulting in the performance of same, and Tenant shall pay Landlord a construction monitoring fee equal to one percent (1%) removal of the Tenant Improvement Costs (following language from the Lease: “Construction Monitoring Fee”). The Tenant Improvements shall be performed by contractors approved by Landlord and employed by Tenant under one or more construction contracts that require the prime contractor and the respective subcontractors of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. .” and substituting the following in lieu thereof: “All Tenant Alterations made by or on behalf of Tenant shall be made and performed: (a) by contractors or mechanics approved by Landlord, who shall carry liability insurance of a type and in such amounts as Landlord shall approve reasonably require, naming Landlord and Tenant as additional insureds, (b) in a good and workmanlike manner, (c) so that same shall be at least equal in quality, value, and utility to the original work or disapprove any proposed contractor or construction contract within three (3) Business Days after installation and shall be in conformity with Landlord’s receipt of a written request for building standard specifications as set forth in Exhibit C-2 attached hereto and as the same may be amended by Landlord and in effect at such approval time, (d) in accordance with all applicable laws, and containing (e) pursuant to plans, drawings and specifications which have been reviewed and approved by Landlord prior to the full name and address commencement of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoingrepairs or replacements and approved by, Tenant’s contract with its general contractor for the construction of the Tenant Improvements shall be subject to the approval of the Landlord as to both form and contentfiled with, which approval shall not be unreasonably withheld or delayedall applicable governmental authorities.”

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall be responsible for all costs to prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses's occupancy, including all hard and soft costs costs, such as and without limitation, all labor and materials, architectural, engineering, permitting, permitting and space planning fees are hereinafter collectively referred to as (collectively, the “"Tenant Improvement Costs”"). Tenant shall make no material changes further agrees to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring management fee (the "Construction Management Fee") equal to one three percent (13%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”)Costs. The Tenant Improvements Improvement Allowance shall be performed by contractors approved by Landlord and employed by applied against the Tenant under one or more construction contracts that require the prime contractor Improvement Costs and the respective subcontractors Construction Management Fee. Tenant shall not be entitled to receive any credit or payment on account of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council unexpended portion of the AFL-CIO and (b) employ only members of such organization to perform work within their respective jurisdictions)Tenant Improvement Allowance. However, at Landlord’s sole option, in clause (a) of If the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (3) Business Days after Landlord’s receipt of a written request for such approval and containing the full name and address of the contractor and/or a complete copy of the construction contract (as applicable). Without limiting the foregoing, Tenant’s contract with its general contractor for the construction cost of the Tenant Improvements and the Construction Management Fee exceed the Tenant Improvement Allowance, Tenant shall pay to Landlord on demand and prior to Landlord's commencement of the work to prepare the Premises for Tenant's occupancy, any amount which is Tenant's responsibility to pay. If Tenant fails to pay to Landlord the cost of any such excess Tenant Improvements and Construction Management Fee as and when due, Landlord may elect to suspend work on the Tenant Improvements pending such timely payment, and the Commencement Date shall be subject deemed to have occurred on the date that the Tenant Improvements would have achieved Substantial Completion absent such suspension of work. All Tenant Improvements, regardless of which party constructed them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided that, at Landlord's election and upon notice to Tenant given at the time of Landlord's approval of the Landlord as Plans and Specifications, Tenant shall be required to both form and content, which approval shall not be unreasonably withheld remove all or delayedany portion of the Tenant Improvements upon the expiration or earlier termination of this Lease.

TENANT'S CONTRIBUTION TO TENANT IMPROVEMENT COSTS. 2.5.1 Upon receipt of possession of the Premises, the Tenant shall be responsible for all costs to prepare the Premises for Tenant’s occupancy and complete the Tenant Improvements in accordance with the Plans and Specifications in all material respects and at the Tenant’s sole cost and expense (all such costs and expenses's occupancy, including all hard and soft costs costs, such as and without limitation, all labor and materials, architectural, engineering, permitting, permitting and space planning fees are hereinafter collectively referred to as (collectively, the “"Tenant Improvement Costs”"). Tenant shall make no material changes further agrees to pay the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord, which consent shall not be unreasonably withheld provided such changes do not affect any structural elements of the Building or Building systems. In no event shall Tenant make any changes to the Plans and Specifications or the work reflected in the Plans and Specifications without the consent of the Landlord if such changes affect any structural elements of the Building or Building systems and/or the location of any door or wall. Tenant’s completion of the Tenant Improvements shall be performed by Tenant’s contractors, who shall (a) be selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld or delayed), and (b) work under the direction of Tenant or, if directed in writing by Tenant, Tenant’s qualified representative. In the event of any dispute as to whether Substantial Completion as occurred, a certificate of occupancy shall be deemed conclusive. Landlord shall have the right, at Landlord’s sole cost and expense, to have its representative at the Premises at all times during the construction of the Tenant Improvements to review and monitor the performance of same, and Tenant shall pay Landlord a construction monitoring management fee (the "Construction Management Fee") equal to one three percent (13%) of the Tenant Improvement Costs (the “Construction Monitoring Fee”)Costs. The Tenant Improvements Improvement Allowance shall be performed by contractors approved by Landlord and employed by applied against the Tenant under one or more construction contracts that require the prime contractor Improvement Costs and the respective subcontractors Construction Management Fee. Tenant shall not be entitled to receive any credit or payment on account of any tier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with unexpended portion of the Building Tenant Improvement Allowance. If the cost of the Tenant Improvements and Construction Trades Council of Management Fee exceeds the AFL-CIO and Tenant Improvement Allowance, Tenant shall pay to Landlord such excess within ten (b) employ only members of such organization to perform work within their respective jurisdictions). However, at Landlord’s sole option, in clause (a) of the immediately preceding sentence of this paragraph, the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Such contractors also shall comply with all requirements in Paragraph 4.5 of this Lease. Landlord shall approve or disapprove any proposed contractor or construction contract within three (310) Business Days after Landlord’s receipt demand made from time to time by Landlord or Tenant may elect, upon written notice given to Landlord not later than the time payment of a written request for such approval excess would otherwise be due, to amortize an amount of such excess which is hereinafter defined as "Construction Principal" by paying to Landlord monthly installments of "Construction Rent" (as defined below). If Tenant fails to pay to Landlord the cost of any such excess Tenant Improvements and containing Construction Management Fee as and when due, Landlord may elect to suspend work on the full name Tenant Improvements pending such timely payment, and address the Commencement Date shall be deemed to have occurred on the date that Substantial Completion would have been achieved absent such suspension of work. Notwithstanding anything to the contrary herein contained, in no event shall the aggregate amount of the contractor and/or a complete copy "Construction Principal" exceed Twenty-Five Thousand Dollars ($25,000.00). Commencing on the first day of the construction contract fifth full month of the Lease Term, Tenant shall pay Landlord, as additional rent, monthly at the times and in the manner provided for the payment of Base Rent, an amount (as applicable"Construction Rent') equal to the monthly principal and interest payment which would be required to amortize a loan in the principal amount of the Construction Principal on a monthly direct reduction basis over a period of thirty-six (36) months at an interest rate of eight percent (8%) per annum (based upon a 360 day year). Without limiting All payments of Construction Rent shall be applied first to accrued and unpaid interest on the foregoing, Tenant’s contract with its general contractor for Construction Principal and then to the construction outstanding principal balance thereof. Interest shall begin to accrue on the Construction Principal on the date Landlord pays such amount toward the cost of the Tenant Improvements Improvements. In any event, the entire outstanding balance of the Construction Principal plus all accrued and unpaid interest thereon shall be subject to due and payable in full on the approval first day of the fortieth (40th) full month of the Lease Term. Tenant acknowledges and agrees that the payment of Construction Rent by Tenant represents a reimbursement to Landlord of additional costs and expenses Landlord will incur in connection with the preparation of the Premises for Tenant's occupancy. Therefore, if Tenant shall default upon any obligation on its part to be performed or observed under the Lease (including, without limitation, the obligation to pay Construction Rent) or if the Lease Term shall be terminated prior to first day of the fortieth (40th) full month of the Lease Term for any reason whatsoever other than a termination by Landlord pursuant to Paragraph 4.9 as a result of a casualty, then the entire unpaid amount of the Construction Principal and all accrued and unpaid interest thereon shall become immediately due and payable on demand by Landlord. Landlord's right to both form demand said entire amount of Construction Principal shall be in addition to all other rights and contentremedies which Landlord shall have by reason of any default by Tenant under the Lease, which approval and Tenant shall not be unreasonably withheld entitled to any credit or delayedreduction in said Construction Principal based upon the amounts collected by Landlord from reletting of the Premises after default by Tenant. Notwithstanding anything to the contrary herein contained, in no event and under no circumstances shall there be any abatement of any Construction Rent under the Lease. If this Lease is terminated by Landlord pursuant to Paragraph 4.9 as a result of a casualty, Tenant shall remain liable for all Construction Rent due and payable through the effective date of termination plus all accrued and unpaid interest on the Construction Principal through such date of termination, but in such case Tenant shall have no obligation to pay the unpaid balance of the Construction Principal remaining after payment of all Construction Rent through the effective date of termination. No decision of Tenant not to exercise its early termination right pursuant to Paragraph 2.2.3 hereof or any extension of the Lease Term or renewal of the Lease shall cause extension of the term of repayment of the Construction Principal.