Common use of Tenant's Improvements Clause in Contracts

Tenant's Improvements. Landlord shall deliver possession of the Demised Premises to Tenant on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, including, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hours.

Tenant's Improvements. Landlord shall deliver possession of Insurance covering Tenant's (1) merchandise, (2) "Fixtures" as defined in Article 10, Section 10.4), including the Demised Premises items specified as "Tenant's Work" in Exhibit C, (3) "Improvements" (as defined in Article 10, Section 10.1), permitted under Article 10, and (4) "Personal Property" (as defined in Article 10, Section 10.3) from time to Tenant time, in, on or before upon the Projected Turnover Premises, in an amount not less than ninety percent (90%) of their full replacement cost from time to time after the Effective Date. The date Landlord actually tenders possession of , providing protection against any peril included within the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, classification "All Risk," including, without limitation, coverage for sprinkler and flood damage and theft. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 8 hereof18. All work referred policies of insurance provided for herein shall be issued by insurance companies with a general policyholder's rating of not less than A and a financial rating of not less than Class X as rated in the most current available "Best's" Insurance Reports, qualified to do business in this subparagraphthe State where the Property is located. All such policies shall be issued in the name of the Landlord, Landlord's property manager, Tenant, and Landlord's mortgagees or beneficiaries, which work is policies shall be for the mutual and joint benefit and protection of Landlord, Landlord's property manager, Tenant and said mortgagees or beneficiaries. Executed copies of such policies of insurance or certificates thereof shall be delivered to be constructed Landlord within a period following ten (10) days after the Turnover Date and prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction earlier of delivery of the Premises, or Tenant’s Work's entry onto the Premises with Landlord's consent, which general contractor and thereafter copies of renewal policies or certificates thereof shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable delivered to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder expiration of the term of each such policy. As often as any such policy shall expire or terminate, renewal or additional policies shall be subject procured and maintained by Tenant in like manner and to all like extent. All policies of insurance delivered to Landlord must contain a provision that the company writing said policy will give to Landlord twenty (20) days' notice in writing in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or secondary to coverage which Landlord may carry. Tenant's obligations to carry the insurance provided for above may be satisfied by inclusion of the terms Premises within the coverage of a so-called blanket policy or policies of insurance carried and provisions of this Leasemaintained by Tenant; provided, except however, that Tenant Landlord and Landlord's mortgagees or beneficiaries shall be named as additional insureds thereunder as their interests may appear and that the coverage afforded Landlord will not be obligated to pay Fixed Rent reduced or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration diminished by reason of the phased construction use of such blanket policies of insurance, and provided further that the Tenant’s Work, fixturing and move-in period, requirements set forth herein are otherwise satisfied. Tenant shall be allowed agrees to use, permit Landlord at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts times to make the freight elevator available inspect any policies of insurance of Tenant which Tenant has not delivered to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursLandlord.

Tenant's Improvements. Landlord shall deliver possession A. Construction of the Demised Premises Tenant Improvements. Tenant shall, at --------------------------------------- least 45 days prior to the date Tenant on expects to begin construction, provide to Landlord, for Landlord's written approval, which shall not be unreasonably withheld or before delayed, plans and specifications or detailed schematics, as may be necessary to commence and complete any portion of the Projected Turnover Date. The date Landlord actually tenders possession Tenant Improvements to be made to the exterior of the Premises to Building and showing the proposed Tenant is herein referred to as the “Turnover Date”. Subject Improvements to the provisions interior of Section 25.2 belowthe Premises Building such plans and specifications or schematics to be sufficiently detailed so that Landlord can assess the nature and quality of the Tenant Improvements (the "Plans"). Landlord shall, within 5 business days of receipt of the Plans, notify Tenant shallin writing of its approval or disapproval. In the event that Landlord disapproves of any aspect of the Plans, it shall provide Tenant with a statement of such objections. Tenant shall have 14 days to submit revised Plans. Landlord's failure to timely provide a written response to the Plans shall be deemed an approval of same. Tenant shall obtain, and maintain in good standing, all necessary site plan improvements and approvals, building permits, and other governmental authority approvals and permits required to commence and complete all of the Tenant Improvements, and shall send copies of such, specifically of any late changes to plans to Landlord for approval, as soon as practicable, prior to commencing work on the Premises and/or Premises Building. Upon the occurrence of an Event of Default, any and all plans, and any modifications thereto and all approvals, permits and other governmental authority approvals and permits required to complete the Tenant Improvements, shall immediately become and sole and exclusive property of Landlord. Tenant, promptly after Landlord's and governmental approval of the final Plans, shall undertake and complete, at its sole cost and expense, perform the construction of the Tenant Improvements. Tenant agrees that it shall not, in the construction and completion of the Tenant Improvements, (i) create a nuisance, (ii) conduct construction activities or store machinery or equipment in such work a way as may be necessary to either reduce parking at Suniland Center by more than ten spaces or desired interfere with vehicular and/or pedestrian ingress and egress to Suniland Center; or (iii) interfere with the normal day-to-day operations of Suniland Center or the uses by other tenants of their respective premises at Suniland Center. Tenant to improve further agrees it shall commence and complete the Demised Premises for occupancyconstruction of the Tenant Improvements expeditiously and in a good and workmanlike fashion, all subject to employing licensed Florida contractors, and otherwise in accordance with the provisions of this Leaseall laws, includingregulations and legal requirements applicable to such construction, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior including but not limited to the Commencement Date, is hereinafter referred Americans With Disabilities Act of 1990 and all amendments and modifications thereto. Prior to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction commencement of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approvalconstruction, Tenant shall submit full obtain and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the post a notice of commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided substantially in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection compliance with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursFlorida Statutes 713.

Tenant's Improvements. Landlord shall deliver possession 7.1. --------------------------- Prior to the commencement of the Demised Premises to Tenant on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 belowTerm, Tenant shall, at its sole cost and expense, perform such (a) promptly initiate and diligently pursue the design of all leasehold improvements and other work as may to be necessary or desired performed by it pursuant to Schedule B on a schedule which in Landlord's reasonable judgment will permit Tenant to improve complete such leasehold improvements not later than ten (10) days prior to the Demised Grand Opening Date with respect to the exterior of the Premises for occupancyand not later than seven (7) days prior to the Grand Opening Date with respect to the interior of the Premises, all subject and (b) promptly commence and diligently pursue the construction and completion of the Premises. Tenant will be permitted by Landlord to and enter the Premises in accordance with Schedule B for the provisions purpose of performing its obligations under Schedule B and for the purpose of installing its fixtures and other equipment, provided (i) Tenant shall have obtained Landlord's approval of the plans and specifications for such work, (ii) Tenant shall have obtained a valid building permit for construction of its leasehold improvements, (iii) Tenant shall have deposited with Landlord the policies or certificates of insurance required in Article XIII and (iv) Landlord shall have received full payment from Tenant for the Grand Opening Contribution and for those items set forth in Schedule B. Tenant's activities shall be conducted so as not to unreasonably interfere with Landlord's construction activities. Tenant shall maintain the Premises in a clean and orderly condition during construction and merchandising. All trash which may accumulate in connection with Tenant's construction and merchandising activities shall be deposited daily in dumpsters, provided by or for Landlord in the Shopping Center as more particularly described in Schedule B. During such construction and merchandising period, Tenant shall perform all duties and obligations imposed by this Lease, including, without limitation, those provisions relating to insurance and indemnification, saving and excepting only the provisions obligation to pay Rental (other than any Additional Rental due Landlord by reason of Article 8 hereof. All work referred Tenant's failure to in this subparagraphperform any of its obligations hereunder), which obligation shall commence when the Term commences. Landlord's work is to be constructed within a period following the Turnover Date and prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), that work specified in Schedule B and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 make all leasehold improvements to the contrary. Tenant shall not permit noise from construction of Premises in accordance with Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease's approved plans, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. those which Landlord shall use all reasonable efforts is specifically required to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hours.under Schedule B.

Tenant's Improvements. Landlord (a) Tenant shall deliver possession of the Demised Premises to Tenant on make no separable or before the Projected Turnover Date. The date Landlord actually tenders possession of inseparable alterations in, or additions to, the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, including, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior to the Commencement Date, is hereinafter referred to as (“Tenant’s WorkImprovements”) without first obtaining Landlord’s written consent Landlord may make its consent conditional upon Tenant removing the respective Tenant’s Improvements (or any part of them) from the Premises on termination or expiry of the Term of the Lease in which case such Tenant’s Improvements shall not become Landlord’s property, notwithstanding provisions of item (b) of Article 12.2 hereof, unless Landlord further sends to Tenant a notice requiring not to remove the specified Improvements, in which case those Improvements shall become Landlord’s property at Tenant’s Improvements Transfer Date. (b) In addition to the request for Landlord’s written consent to carry out certain Tenants Improvements Tenant also shall on Landlord’s demand deliver to Landlord a list of such ascertained Tenant’s Improvements. (c) Tenant’s Improvements done in the Premises that are to be transferred to Landlord shall not contain any materials, equipment or any other property of any third person. (d) Tenant shall be responsible by its own means and at its expense for the approval of the Tenant’s Improvements by the competent authorities, if applicable. Upon Landlord’s request Tenant shall immediately provide all information and documents in this regard. If Tenant does not meet liabilities set in item (d) of this Article 12.1, Landlord shall have the right to retain perform the stated above actions by its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review)means, and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 compensate all documental expenses related to the contrary. Tenant shall not permit noise from construction execution of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all this actions within 15 (fifteen) business days as of the terms and provisions date of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration receipt of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursrespective invoice from Landlord.

Tenant's Improvements. Landlord shall deliver possession (a) Tenant agrees that it will not undertake any structural alterations of any of the Demised improvements, or any part thereof, now or hereafter erected upon the Leased Premises, or construct any new structures or improvements upon the Leased Premises to Tenant on or before make any other alterations which would materially change the Projected Turnover Date. The date Landlord actually tenders possession character of the Premises existing improvements or which would weaken or impair the structural integrity or lessen the value of the existing improvements, without the prior written consent of Landlord, which consent of Landlord may be withheld in Landlord’s reasonable discretion, and shall not be delayed by more than ten (10) business days after Tenant’s written request therefor, which request shall state with particularity the proposed work which is the subject of such request. Tenant shall give Landlord notice of any alteration, addition, enlargement or improvement and copies of plans and specifications therefor prior to Tenant is herein referred to as the “Turnover Date”. commencing any work thereon. (b) Subject to the limitation contained in the foregoing Section 6(a), Tenant may, at any time during the term of this Lease, at Tenant’s own cost and expense make or permit to be made any alteration, change or addition of, in, or to the Leased Premises or any part thereof or any building or improvement which may hereafter be erected thereon, subject, however, to the following conditions, each of which must be fully observed and performed by Tenant before the commencement of any work whatsoever: (i) That there is no existing and unremedied default on the part of Tenant, of which Tenant has received notice, under the terms, covenants and conditions herein on the part of Tenant to be observed and performed. (ii) That Tenant shall covenant that the same shall be performed with diligence and in a first-class, workmanlike manner. (iii) That neither the interest of the Landlord nor the interest of the holder of the Deed of Trust nor the Leased Premises nor any building in or improvement on, under, or above the Leased Premises shall then be the subject of any charge, liability, claim, or lien of whatsoever kind or nature by reason of work undertaken by Tenant. (iv) That if under the provisions of any insurance policies required to be provided and maintained hereunder, any consent to any alteration, change or addition by the insurers therein shall be required to continue and keep such policies in full force and effect, Tenant shall obtain such consents and pay any premiums or charges that may be incurred therefor. (v) Tenant shall covenant that in the alteration of the then existing structures and/or the construction of any new building, it will comply with all applicable requirements of the Building Code of the County and with all other applicable laws, ordinances, rules and regulations of all governmental authorities having jurisdiction thereof and of the local Board of Fire Underwriters or of any similar body. (vi) Tenant shall procure all necessary permits for the alteration of the then existing structures and for the construction of the new improvements and shall deliver to Landlord a certificate of occupancy when required by law, as a condition precedent to the use of the improvements for their designated purpose. Upon completion of any new structural improvements, Tenant shall deliver to Landlord a set of the “as built” plans. (vii) All such work shall be done, at Tenant’s option, by Landlord or by contractors approved by Landlord, which approval shall not be unreasonably withheld conditioned or delayed. Notwithstanding the foregoing, Tenant understands that, in the event the work is not performed by Landlord or its agents, such work shall nevertheless be performed under the general review of Landlord or its agent to assure standard quality improvements on the Real Property for which Landlord or such agent shall be paid a fee in accordance with Section 25.2 belowl(c) above. (c) All such work, other than movable furniture or trade fixtures or other items specifically designated at the time Landlord approves such work, done by Tenant upon the Leased Premises, shall be the property of the Landlord at the termination of this Lease; provided, however, that Landlord may require Tenant, only at the time Landlord approves such work, to remove all or any part of said work at the expiration of this Lease, in which event such removal shall be done at Tenant’s sole cost and expense. Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, including, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior repair any damage to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Leased Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in and/or the Building for caused by such removal or by the purposes removal of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursits personalty.

Tenant's Improvements. Landlord shall deliver possession A. Construction of the Demised Premises Tenant Improvements. Tenant --------------------------------------- shall, at least 45 days prior to the date Tenant on expects to begin construction, provide to Landlord, for Landlord's written approval, which shall not be unreasonably withheld or before delayed, plans and specifications or detailed schematics, as may be necessary to commence and complete any portion of the Projected Turnover Date. The date Landlord actually tenders possession Tenant Improvements to be made to the exterior of the Premises to Building and showing the proposed Tenant is herein referred to as the “Turnover Date”. Subject Improvements to the provisions interior of Section 25.2 belowthe Premises Building such plans and specifications or schematics to be sufficiently detailed so that Landlord can assess the nature and quality of the Tenant Improvements (the "Plans"). Landlord shall, within 5 business days of receipt of the Plans, notify Tenant shallin writing of its approval or disapproval. In the event that Landlord disapproves of any aspect of the Plans, it shall provide Tenant with a statement of such objections. Tenant shall have 14 days to submit revised Plans. Landlord's failure to timely provide a written response to the Plans shall be deemed an approval of same. Tenant shall obtain, and maintain in good standing, all necessary site plan improvements and approvals, building permits, and other governmental authority approvals and permits required to commence and complete all of the Tenant Improvements, and shall send copies of such, specifically of any late changes to plans to Landlord for approval, as soon as practicable, prior to commencing work on the Premises and/or Premises Building. Upon the occurrence of an Event of Default, any and all plans, and any modifications thereto and all approvals, permits and other governmental authority approvals and permits required to complete the Tenant Improvements, shall immediately become and sole and exclusive property of Landlord. Tenant, promptly after Landlord's and governmental approval of the final Plans, shall undertake and complete, at its sole cost and expense, perform the construction of the Tenant Improvements. Tenant agrees that it shall not, in the construction and completion of the Tenant Improvements, (i) create a nuisance, (ii) conduct construction activities or store machinery or equipment in such work a way as may be necessary to either reduce parking at Suniland Center by more than ten spaces or desired interfere with vehicular and/or pedestrian ingress and egress to Suniland Center; or (iii) interfere with the normal day-to-day operations of Suniland Center or the uses by other tenants of their respective premises at Suniland Center. Tenant to improve further agrees it shall commence and complete the Demised Premises for occupancyconstruction of the Tenant Improvements expeditiously and in a good and workmanlike fashion, all subject to employing licensed Florida contractors, and otherwise in accordance with the provisions of this Leaseall laws, includingregulations and legal requirements applicable to such construction, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior including but not limited to the Commencement Date, is hereinafter referred Americans With Disabilities Act of 1990 and all amendments and modifications thereto. Prior to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction commencement of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approvalconstruction, Tenant shall submit full obtain and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the post a notice of commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided substantially in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection compliance with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursFlorida Statutes 713.

Tenant's Improvements. Landlord shall deliver possession of the Demised Premises to Tenant on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to Initial Improvements described in and in accordance with the provisions RFP Response and that certain Agreement by and between Landlord and Tenant dated (the “Agreement”), a description of such Initial Improvements is attached hereto as Exhibit B, including achieving completion of certain milestones related to the Initial Improvements in accordance with the schedule attached hereto as Exhibit C, as the same may be amended by a mutual agreement of the parties (the “Development Milestones”). Subject to delays due to Force Majeure (as such term is defined herein), Tenant shall commence construction of the Initial Improvements on or before [ ], and diligently and continuously prosecute such improvements to Final Completion, which shall in no event occur later than [ ] (the “Outside Completion Date”). For the purposes of this Lease, construction of the Initial Improvements shall be deemed to have “commenced” upon the commencement of actual physical work (including, without limitation, building demolition or site work) on the provisions Premises or any portion thereof pursuant to a demolition permit or a building permit for the construction of Article 8 hereofthe Initial Improvements. All work referred Tenant shall use diligent and continuous efforts in good faith to obtain all Required Permits (as such term is defined herein) for the construction of all of Tenant’s Initial Improvements in accordance with the Design Plans (as such term is defined herein). For the purposes of this subparagraphLease, “Final Completion” of all Tenant’s Initial Improvements will be deemed to have occurred upon the date of final completion, as determined by Landlord in its reasonable discretion, of the Initial Improvements in accordance with the Design Plans, and shall require the issuance of a Certificate of Occupancy for the improvements. If Tenant shall fail to commence the construction of the Initial Improvements as required herein, Landlord may at its election terminate this Lease by notice to Tenant, which work termination shall be effective not earlier than thirty (30) days after such notice is given to be constructed within a period following Tenant (the Turnover Date and “Cure Period”), unless Tenant has commenced construction prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”. Tenant shall have the right to retain its own general contractor for construction expiration of the Tenant’s WorkCure Period, which general contractor shall be subject provided Landlord has delivered such notice of termination to Landlord’s approval (which approval shall Tenant not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within later than thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred date by Landlord relative which Tenant is required to commence such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursconstruction.

Tenant's Improvements. Landlord shall deliver possession of the Demised Premises to Tenant on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, (a) Tenant shall, at its sole cost in a good and expenseworkmanlike manner, perform and diligently complete Tenant’s Improvements (as defined below) during the period commencing on the date of this Amendment and ending on February 28, 2026 (as such work as date may be necessary or desired extended by Tenant to improve the Demised Premises for occupancyConstruction Delays), all subject to Section 4(f), Section 4(g) and Section 5 below and in accordance with all applicable Requirements and the provisions terms of this the Lease, including, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior to the Commencement Date, is hereinafter referred to as “Tenant’s Work”5. Tenant shall have the right to retain its own general contractor for construction prepare a final plan or final set of the Tenant’s Work, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement (such final plan or final set of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlordas the same may be modified and/or amended, as the case may be, are hereinafter called the “Tenant Improvement Final Plan”), which Tenant Improvement Final Plan shall contain complete information and dimensions necessary for Tenant’s designated engineer or another engineerImprovements and for the engineering in connection therewith. Landlord shall reimburse Tenant for the cost of Tenant’s Improvements in an amount equal to the lesser of (x) the Tenant Improvement Allowance (as defined below) and (y) the actual cost of Tenant’s Improvements, upon the following terms and conditions: (i) The Tenant Improvement Allowance shall be payable to Tenant (or to Tenant’s general contractor or construction manager, as directed by Tenant) in installments as Tenant’s Improvements progress, but in no event more frequently than monthly. Installments of the Tenant Improvement Allowance shall be payable by Landlord within 30 days following Tenant’s satisfaction of each of the conditions required for disbursement set forth in this Section 4 provided that Tenant is not charge then in monetary or material non-monetary default under the Lease beyond any applicable notice and cure period. (ii) Prior to the payment of any installment, Tenant any supervisory shall deliver to Landlord a request for disbursement which shall be accompanied by (1) paid invoices (or coordination fee invoices if Tenant shall be directing Landlord to pay Tenant’s general contractor or construction manager) for Tenant’s Improvements performed or incurred since the last disbursement of the Tenant Improvement Allowance, (2) a certificate signed by Tenant’s architect (but only for work covered by such architect’s engagement) and an officer of Tenant certifying that Tenant’s Improvements and services represented by the aforesaid invoices have been satisfactorily completed substantially in connection accordance with the Tenant’s Workplans and specifications therefor approved by Landlord and have not been the subject of a prior disbursement of the Tenant Improvement Allowance and (3) lien waivers by architects, contractors, subcontractors and all materialmen for all such work and services; and except for payment of Engineer Review Costsprovided, that, if applicable, as Tenant fails to deliver to Landlord a lien waiver for any work costing less than $50,000.00 and provided abovethat Tenant otherwise complies with the requirements of this Section 4(a)(ii), Landlord shall disburse the installment, less 120% of the amount owed for any such work for which Tenant has not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrarydelivered a lien waiver. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants Landlord shall be performed after regular working hours. Any entry upon permitted to retain from each disbursement 10% of the Demised Premises amount requested to be disbursed by Tenant, unless, so long as the cost incurred by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder Improvements is not greater than the Tenant Improvement Allowance, the requisition already reflects a 10% retainage from amounts billed by the applicable contractor(s). The aggregate amount of the retainages shall be subject paid by Landlord to Tenant upon the completion of all of Tenant’s Improvements and upon receipt from Tenant of (A) a certificate signed by Tenant’s architect and an officer of Tenant certifying that all of Tenant’s Improvements has been satisfactorily completed in accordance with the terms plans and provisions specifications therefor approved by Landlord, (B) all sign-offs and inspection certificates and any permits required to be issued by the New York City Department of Buildings or any other governmental entities having jurisdiction thereover and (C) a final lien waiver from all contractors and subcontractors performing Tenant’s Improvements; provided, that, if Tenant fails to deliver a final lien waiver for any contract for less than $50,000.00 and provided that Tenant otherwise complies with the requirements of this LeaseSection 4(a)(ii), except that Tenant Landlord shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge disburse the aggregate amount of the retainages, less 120% of the amount owed for any such period prior contract for less than $50,000.00 for which Tenant has failed to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on deliver a non-exclusive basis during normal business hoursfinal lien waiver.

Tenant's Improvements. Landlord shall deliver possession of the Demised Premises agrees to Tenant deposit $500,000.00 into an --------------------- escrow account to be established with Landlord's lender in Wichita, Kansas, on or before the Projected Turnover Date. The date Landlord actually tenders possession of the Premises to Tenant is herein referred to as the “Turnover Date”. Subject to the provisions of Section 25.2 below, Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions thirty (30) days following execution of this Lease, includingwhich funds shall accrue interest and shall be utilized to pay the costs of constructing Tenant's leasehold improvements (which improvements may in addition to more typical leasehold improvements include, without limitationin Tenant's discretion, cabling for telephone and computer equipment, a backup generator, an uninterrupted power source, and maintaining and replacing capital items ("Capital Expenses")) and leasehold improvements for sublessees to occupy the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and Premises prior to the Commencement DateNovember 30, is hereinafter referred to as “Tenant’s Work”2007. If such funds are not timely deposited by Landlord, Tenant shall have the right to retain its own general contractor terminate this Lease. Landlord, Tenant and Landlord's lender shall enter into an escrow/disbursement agreement providing the mechanism for construction disbursement by such lender of escrowed funds hereunder. Tenant shall make permanent leasehold improvements ("Improvements") to the Premises for the purposes of Tenant’s Work's leasehold improvements and for leasehold improvements for the benefit of sublessees occupying the Premises in accordance with outlined plans and specifications ("Outline Specifications") to be prepared by Tenant and submitted to and approved by Landlord, which general contractor shall be subject to Landlord’s approval (which approval shall not be unreasonably withheldwithheld or delayed. Tenant shall cause the Improvements to be constructed in a good and workmanlike manner and in accordance with all governmental laws, conditioned or delayed as provided rules and regulations in Article 8 hereof)existence at the time of construction. Without limitation Tenant shall from time to time provide copies of invoices, along with lien waivers, for construction service and materials acquired in connection with the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable Improvements to Landlord for purposes of this Section 25.1and Landlord's lender. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, as provided in Article 8). In the event Tenant elects to employ an engineer designated by Landlord in the preparation of any portion of the plans, or for the performance of any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within Within thirty (30) days following Landlord’s demandafter the submittal of invoices by Tenant, for but not more frequently than once a calendar month, lender shall pay to Tenant out of the actual out-of-pocket cost and expense incurred escrow established by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required aggregate sum of engineering plans and specifications, whether prepared invoices received by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee lender in connection with Improvements. In the Tenant’s Workevent the total costs of the Improvements and Capital Expenses exceed $500,000, plus accrued interest thereon, Tenant shall promptly pay the same in full; and except for payment in the event the total costs are less than $500,000, plus accrued interest thereon, the difference shall be returned to Landlord by lender, together with the interest thereon. During the course of Engineer Review Costsconstruction of the Improvements, if applicableTenant is authorized to make such changes in the Outline Specifications as may be necessary or proper in order to comply with applicable building codes, without the written consent of Landlord, so long as provided abovesuch changes do not materially, Landlord adversely affect the appearance, structure or intended use of the Improvements. Any other changes to such Outline Specifications shall require the prior approval of Landlord, which consent shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably withheld or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursdelayed.

Tenant's Improvements. Landlord shall deliver possession (1) Tenant agrees that it will not undertake any structural alterations of any of the Demised improvements, or any part thereof, now or hereafter erected upon the Leased Premises, or construct any new structures or improvements upon the Leased Premises to Tenant on or before make any other alterations which would materially change the Projected Turnover Date. The date Landlord actually tenders possession character of the Premises existing improvements or which would weaken or impair the structural integrity or lessen the value of the existing improvements, without the prior written consent of Landlord, which consent of Landlord may be withheld in Landlord's sole discretion. Tenant shall give Landlord notice of any alteration, addition, enlargement or improvement and copies of plans and specifications therefor prior to commencing any work thereon. Notwithstanding the foregoing, Tenant is herein referred permitted to as the “Turnover Date”. make non- structural alterations costing less than Ten Thousand dollars ($10,000.00) without first seeking Landlord's prior consent. (2) Subject to the limitation contained in the foregoing Section 6(a), Tenant may, at any time during the term of this Lease, at Tenant's own cost and expense make or permit to be made any alteration, change or addition of, in, or to the Leased Premises or any part thereof or any building or improvement which may hereafter be erected thereon, subject, however, to the following conditions, each of which must be fully observed and performed by Tenant before the commencement of any work whatsoever: (1) That there is no existing and unremedied default on the part of Tenant, of which Tenant has received notice, under the terms, covenants and conditions herein on the part of Tenant to be observed and performed. (2) That Tenant shall covenant that the same shall be performed with diligence and in a first-class, workmanlike manner. (3) That neither the interest of the Landlord nor the interest of the holder of the Deed of Trust nor the Leased Premises nor any building in or improvement on, under, or above the Leased Premises shall then be the subject of any charge, liability, claim, or lien of whatsoever kind or nature by reason of work undertaken by Tenant. (4) That if under the provisions of Section 25.2 belowany insurance policies required to be provided and maintained hereunder, any consent to any alteration, change or addition by the insurers therein shall be required to continue and keep such policies in full force and effect, Tenant shall obtain such consents and pay any premiums or charges that may be incurred therefor. (5) Tenant shall covenant that in the alteration of the then existing structures and/or the construction of any new building, it will comply with all applicable requirements of the Building Code of the County and with all other applicable laws, ordinances, rules and regulations of all governmental authorities having jurisdiction thereof and of the local Board of Fire Underwriters or of any similar body. (6) Tenant shall procure all necessary permits for the alteration of the then existing structures and for the construction of the new improvements and shall deliver to Landlord a certificate of occupancy when required by law, as a condition precedent to the use of the improvements for their designated purpose. Upon completion of any new structural improvements, Tenant shall deliver to Landlord a set of the "as built" plans. (7) All such work shall be done by Landlord or by contractors approved by Landlord, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant understands that, in the event the work is not performed by Landlord or its agents, such work shall nevertheless be performed under the general supervision of Landlord or its agent to assure standard quality improvements on the Real Property for which Landlord or such agent shall be paid a reasonable supervisory fee (which supervisory fee shall not exceed five percent of the cost of the work). (3) All such work, other than movable furniture, back up power systems, raised flooring, supplemental HVAC units, or trade fixtures or other items specifically designated at the time Landlord approves such work, done by Tenant upon the Leased Premises, shall be the property of the Landlord at the termination of this Lease; provided, however, that Landlord may require Tenant, only at the time Landlord approves such work, to remove all or any part of said work at the expiration of this Lease, in which event such removal shall be done at Tenant's sole cost and expense. Tenant shall, at its sole cost and expense, perform such work as may be necessary or desired by Tenant to improve the Demised Premises for occupancy, all subject to and in accordance with the provisions of this Lease, including, without limitation, the provisions of Article 8 hereof. All work referred to in this subparagraph, which work is to be constructed within a period following the Turnover Date and prior repair any damage to the Commencement DateLeased Premises and/or the Building caused by such removal or by the removal of its personalty. (4) Landlord hereby agrees that Tenant, is hereinafter referred to as “Tenant’s Work”. Tenant at its sole cost and expense, shall have the right to retain install, operate and maintain an underground fiber optical cable to the Leased Premises, subject, however, to Tenant, at its own general contractor for construction sole cost and expense, obtaining any and all necessary governmental approvals, as well as Landlord's prior written consent as to the location of any such system so as not to interfere with any existing easements or right-of-ways, underground utilities or other conduits servicing the Tenant’s Work, which general contractor Park or any building therein. Tenant shall be subject to promptly restore all areas damaged by the installation of such cable and shall provide Landlord with as-built drawings of same. If requested by Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed as provided in Article 8 hereof). Without limitation of the foregoing, the parties agree that those general contractors listed on Exhibit E hereto shall be deemed acceptable to Landlord for purposes of this Section 25.1. Without limitation of the requirement of Article 8 hereof that plans and specifications shall be subject to Landlord’s approval, Tenant shall submit full and detailed architectural and engineering plans and specifications to Landlord for Landlord’s approval prior to the commencement of Tenant’s Work (which approval shall not be unreasonably withheld, conditioned or delayed, relocate such cables as provided in Article 8). In the event Tenant elects to employ an engineer designated required by Landlord in connection with other development at the preparation of any portion Park and shall remove such cables at the expiration of the plansLease Term, or for the performance of restoring promptly any portion of Tenant’s Work, Tenant shall employ and be responsible for all fees of said engineer in preparing the plans or portion thereof and for any portion of Tenant’s Work performed damage caused by said engineer. In the event Tenant has elected not to employ Landlord’s designated engineer in the preparation of the plans, Landlord reserves the right to have the plans reviewed by Landlord’s designated engineer (limited to structural, MEP and life/fire safety engineering review), and Tenant shall pay or reimburse Landlord, within thirty (30) days following Landlord’s demand, for the actual out-of-pocket cost and expense incurred by Landlord relative to such engineering review (the “Engineer Review Costs”). Landlord’s approval shall be required of engineering plans and specifications, whether prepared by Landlord’s designated engineer or another engineer. Landlord shall not charge Tenant any supervisory or coordination fee in connection with the Tenant’s Work; and except for payment of Engineer Review Costs, if applicable, as provided above, Landlord shall not be entitled to payment of any other “Out-of-Pocket Costs” (as defined in Section 8.2 above) in connection with the Tenant’s Work, notwithstanding the terms of Article 8 to the contrary. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Any entry upon the Demised Premises by Tenant or its representatives prior to the Commencement Date hereof in order to perform Tenant’s Work hereunder shall be subject to all of the terms and provisions of this Lease, except that Tenant shall not be obligated to pay Fixed Rent or Tenant’s Expense Charge for any such period prior to said Commencement Date. In addition, during normal construction hours for the duration of the phased construction of the Tenant’s Work, fixturing and move-in period, Tenant shall be allowed to use, at no cost to Tenant, the freight elevator in the Building for the purposes of moving materials, equipment and personnel to the Demised Premises. Landlord shall use all reasonable efforts to make the freight elevator available to Tenant, Tenant’s general contractor and Tenant’s sub-contractors on a non-exclusive basis during normal business hoursremoval.