Common use of Tenant's Obligations Before Commencement Date Clause in Contracts

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant the Tenant Information Package and the same shall become a part hereof by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is later, Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within thirty (30) days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise to meet with Xxxxxxxx’s approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s Work until Landlord has approved Exhibit “B- 2,” unless prior Landlord approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver has made available to Tenant the Tenant Information Package and the same shall become a part hereof by this reference as Exhibit “B-1” to Tenant's architect and space planning consultants, Landlord's plans and specifications for Landlord's Work (hereinafter referred to as “Tenant Information Package”"Landlord's Building Plans"). Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is later, Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within Not later than thirty (30) days after receipt of Landlord's Building Plans, Tenant will deliver to Landlord Tenant’s Plans's proposed plans and specifications for Tenant's Work in such detail as Landlord may reasonably require (a "Preliminary Submittal"). Within ten (10) business days after receipt of the Preliminary Submittal, Landlord shall notify Tenant of any failures of Tenant’s nonconformity's with the Work Letter, Landlord's Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise any other failure to meet with Xxxxxxxx’s Landlord's approval, to the extent the same is required by an express provision of this Lease. Tenant shall shall, within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to notice, submit "Final Construction Documents" based upon the extent necessary to obtain Preliminary Submittal and incorporating Landlord’s 's comments thereto. Landlord shall notify Tenant of its approval and resubmitted for Landlord’s or disapproval of the Final Construction Documents within ten (10) days after receipt. Upon approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans Final Construction Documents to Tenant and the same shall become a part hereof by this reference as Exhibit “"B-2”". Approval of plans and specifications construction documents by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency sufficiency, or conformity compliance with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act)codes, and Tenant shall be solely responsible for such plans construction documents and specificationsfor obtaining all governmental approvals which are required for Tenant's Work. Tenant shall not commence any of Tenant’s 's Work until Landlord has approved Exhibit “B- 2,” unless prior Landlord approval has been obtained Tenant's Final Construction Drawings in writing. During the construction of Tenant's Work, Landlord shall notify cooperate and shall cause its contractors to cooperate in good faith with Tenant not less and its contractors, to the end that construction may be completed as promptly as possible. Provided that the Delivery Date, as hereinafter defined, is no later than fifteen June 15, 1996, Tenant shall complete Tenant's Work by November 15, 1996 (15the "Required Completion Date"). Landlord shall give Tenant five (5) days in advance prior written notice of the time when Tenant can commence Tenant’s Work; and Tenant shall commence Delivery Date, such work not later than Delivery Date being the date specified in such notice upon which (although Landlord may not have completed i) Landlord’s 's Work on such date and may be in the Premises concurrently with Tenant), complete the same has been substantially completed in strict accordance with Exhibits “B” the requirements therefor and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open (ii) the Premises are available for business therein not the commencement of Tenant's Work. If the Delivery Date is later than June 15, 1996, the Required Completion Date shall be one hundred fifty-three (153) days after the actual Delivery Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In Tenant or for any delay in commencing or completing any of Landlord's Work; provided, however, that (i) nothing contained in the event possession foregoing provisions of this paragraph shall relieve Landlord of its obligations under the final sentence of the Premises is preceding paragraph; and (ii) if the Delivery Date does not delivered occur on or before December 15, 1997, or if the Hotel (including the casino) does not open for business on or before such date, then Tenant may terminate this Lease by notice given to Landlord not later than January 15, 1998, in which event Landlord shall promptly pay to Tenant within two (2) years the amount of the date of this Leaseall costs then paid or payable by Tenant in connection with Tenant's Work, then this Lease automatically shall become null and void and neither party shall otherwise have any liability rights against or obligation obligations to the other hereunderwith respect to this Lease or the Premises.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, The parties acknowledge that Landlord shall deliver has delivered to Tenant a drawing of the Premises and a copy of the Tenant Information Package and the same shall become a part hereof Handbook prepared by this reference as Exhibit “B-1” Landlord's architect (hereinafter referred to as “"Tenant Information Package”Handbook"). Within forty forty-five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is laterLease, Tenant will submit to Landlord one (1) electronic copy reproducible set (sepia) and 4 copies of plans Tenant's Plans and specifications, prepared by a registered architect or engineer, of all Tenant’s 's Work to be done within the Premises (hereinafter called “Tenant’s Plans”)Premises, prepared in conformity with Exhibit “B” "C" and the Tenant Information PackageHandbook. Within thirty fifteen (3015) days after receipt of Tenant’s 's Plans, Landlord shall notify Tenant of any failures of Tenant’s 's Plans to conform to Exhibit “B”, "C," the Tenant Information Package Handbook or otherwise to meet with Xxxxxxxx’s Landlord's reasonable approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s 's Plans to be revised to the extent necessary to obtain Landlord’s 's reasonable approval and resubmitted for Landlord’s 's approval. When Landlord has approved the original or revised Tenant’s 's Plans, Landlord shall sign initial and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s 's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. "C-2." Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency sufficiency, or conformity compliance with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), codes and Tenant shall be solely responsible for such plans and specifications. Tenant Landlord shall not commence any of Tenant’s Work until Landlord has approved Exhibit “B- 2,” unless prior Landlord unreasonably withhold or delay approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.of

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafterA Within forty-five (45) days after Tenant's receipt of a fully executed copy of this Lease, Tenant will make a Preliminary Submittal consisting of the necessary sketches and diagrams of the improvements to be constructed by Tenant at the Premises. Together with the Preliminary Submittal, Tenant shall provide Landlord with satisfactory evidence that upon completion of Tenant's Work the noise levels shall be no more than the current ambient noise levels in the casino area below Tenant's space or within the stores across from or adjacent to the Premises and that the noise level in the area of the Center immediately outside of Tenant's space will be at a level acceptable to Landlord. Within ten (10) days afterreceipt of the Preliminary Submittal, Landlord shall deliver notify Tenant of any nonconformities with Exhibit "B", whether the noise levels are acceptable to Landlord, or any other failure to meet with Landlord's approval. Tenant shall within thirty (30) days after receipt of any such notice submit Final Construction Documents based upon the Preliminary Submittal and incorporating Landlord's comments thereto. Landlord shall notify Tenant Information Package of its approval or disapproval of the Final Construction Documents within ten (10) days afterreceipt. Within ten (10) days after receipt of any notice of disapproval, Tenant shall cause the Final Construction Documents to be revised to correct those matters of which Landlord disapproved and shall re-submit the same to Landlord for approval. Any changes necessary to meet Landlord's approval shall be at Tenant's expense. Upon approval, Landlord shall return one (1) set of approved Final Construction Documents to Tenant, and the same shall become a part hereof by this reference as Exhibit “"B-1” (hereinafter referred to as “Tenant Information Package”)". Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is later, Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within thirty (30) days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise to meet with Xxxxxxxx’s approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. B. Approval of plans and specifications construction documents by Landlord shall not constitute the The assumption of any responsibility by Landlord for their accuracy or sufficiency sufficiency, or conformity compliance with applicable laws laws, regulations, codes and ordinances (including but not limited to "Legal Requirements) nor any liability for the Americans with Disabilities Act of 1990 proper and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and safe construction thereof. Tenant shall be solely responsible for such plans construction documents, their compliance with Legal Requirements and specificationsthe proper and safe construction of the premises. Tenant shall not commence any Landlord's approval of Tenant’s Work until Landlord has approved 's Plans shall constitute Landlord's agreement that Tenant's Plans conform to Exhibit “B- 2,” unless "B". Unless prior Landlord approval has been obtained in writing, Tenant shall not commence any of Tenant's Work until Landlord has approved Exhibit "B-1", the Construction Account has been funded and all documents required in connection therewith have been delivered and the Construction Permits (as defined below) shall have been issued. C. After the Final Construction Documents have been approved by Landlord, Tenant shall promptly file with all governmental and quasi- governmental authorities having jurisdiction over the applicable matter ("Governmental Authorities") and diligently seek to secure all necessary governmental approvals and permits for the commencement of construction as provided in the Final Construction Documents (such approvals and permits collectively, the "Construction Permits"). If Tenant is unable, after using all commercially reasonable efforts, to obtain the construction Permits within one hundred twenty (120) days after the date hereof, Tenant may elect to terminate this Lease by written notice to Landlord given within ten (10) days thereafter. If Tenant, with Landlord's prior approval, has commenced work in the Premises, Tenant shall restore the same to the condition existing prior to such termination and shall pay for all utility charges or other amounts accruing under the Lease prior to such date. Upon such restoration and payment, this Lease shall terminate and neither party shall have any further obligation to the other. Time shall be of the essence with regard to delivery of the termination notice provided for hereunder. D. Tenant shall at its sole cost and expense commence the construction Of Tenant's Work and then proceed diligently with the completion of the Tenant's Work in accordance with (i) the Final Construction Documents, (ii) the terms and provisions of the Lease, and (iii) the requirements of all Governmental Authorities and the applicable Board of Fire Underwriters. Tenant shall make no changes to the Final Construction Documents without Landlord's prior written consent. Tenant will assure that no liens are filed against the Premises or the Center in accordance with Section 10.3 of this Lease. If Tenant relocates or otherwise affects any of the utilities, ducts, heat, air conditioning, ventilation or other systems currently located within the Premises that serve other areas of the Project, all such work shall not cause any more than a deminimis disruption or alteration of the services provided to such other areas. If Tenant's Work adversely affects any other areas of the Project, Tenant shall promptly, and at it sole cost and expense, remedy the same and indemnify, defend and hold Landlord, Overlandlord and their respective agents, employees, members, officers, directors and mortgagees, if any, harmless from and against any and all liability, loss, liens, claims, demands, damages, costs, expenses, fees (including reasonable attorneys' fees), fines, penalties, suits, judgments, proceedings, actions and causes of action of any and every kind and nature arising or growing out of or in any way connected with the performance of Tenant's Work. E. Tenant's Work shall be performed by Xxxxxx Associates or such other contractor as shall be approved in writing by Landlord (the Contractor") under a Cost Plus Fee construction contract (the 'Construction Contract"). Promptly after issuance of the Construction Permits and prior to the commencement of Tenant's Work, Tenant shall provide Landlord with evidence of the establishment of a segregated interest bearing account in the amount of $5,000,000.00 to fund the costs payable under the Construction Contract (the "Construction Account"). Such account will require two signatures for release of funds - one from Tenant and one from Xxxxxx Associates. F. Tenant shall complete Tenant's Work within eight (8) months after delivery of possession of the Phase II Area to Tenant (the "Required Completion Date"). Landlord shall notify give Tenant not less than fifteen five (155) days in advance prior written notice of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than delivery date for possession of each of the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion DatePhase I Area Space. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which any portion of the Premises shall be ready for delivery to Tenant or for any delay in commencing or completing any work authorized to be performed by Tenant under Exhibit "B-1". If Landlord is delayed in delivering possession of the Phase II Area or Spaces C-2, C-4 or C-6 of the Phase I Area to Tenant, the Required Completion Date shall be extended by the actual number of days Tenant is delayed in performing Tenant's Work as the result of Landlord's delay in delivering possession. G. In order to secure the completion of Tenant's Work (including, Without limitation, all tenant improvements in accordance with the Final Construction Documents and purchasing and installing Tenant's furniture, fixtures and equipment (the "FF&E")): (i) Tenant hereby grants to Landlord a security interest in the Construction Account and shall take such further action as may be required to perfect such security interest and to replace Landlord for Tenant as a signatory on such account in the event of a default as provided in H below; (ii) Tenant agrees to collaterally assign the Construction Contract to Landlord; and (iii) Tenant shall require the Contractor to enter into a recognition agreement with Landlord. H. In the event possession Tenant fails to diligently commence and prosecute the Tenant Work to completion (except for reasons beyond Tenant's control) and such failure is not cured (or Tenant does not commence such cure) within ten (10) days after written notice from Landlord, Landlord shall have the right, but not the obligation, to (i)cause the Contractor to complete the Tenant's Work and, at Landlord's election, to draw on the Construction Account to make payments directly to the Contractor or to any major subcontractors and/or (ii) draw down the Construction Account and use all or any part of the proceeds to repair damages to the Premises, to clean the Premises is not delivered or to Tenant within two compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default and/or (2iii) years of the date of exercise all other rights and remedies available to Landlord under this Lease, then this Lease automatically at law or in equity. I. Provided Tenant performs all of its obligations to complete Tenant's Work Landlord shall become null release its security interest in the Construction Account within ten days after (i)Tenant opens for business, (ii) provides satisfactory evidence to Landlord that all Tenant's Work has been fully completed and void all FF&E has been installed, and neither party shall (iii) all payments in connection with the Tenant's Work (including the FF&E) have any liability or obligation to been made, no liens have been filed against the other hereunder.Project and Tenant provides lien waivers from the general contractor, all subcontractors and all material suppliers evidencing final payment. 3.4

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant a drawing of the Premises and a copy of the Tenant Information Package and the same shall become a part hereof Handbook prepared by this reference as Exhibit “B-1” Landlord's architect (hereinafter referred to as “"Tenant Information Package”Handbook"). Within forty five sixty (4560) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is laterLease, Tenant will submit to Landlord one (1) electronic copy reproducible set (sepia) and 4 copies of plans Tenant's Plans and specifications, prepared by a registered architect or engineer, of all Tenant’s 's Work to be done within the Premises (hereinafter called “Tenant’s Plans”)Premises, prepared in conformity with Exhibit “B” "C" and the Tenant Information PackageHandbook. Within thirty (30) days after receipt of Tenant’s 's Plans, Landlord shall notify Tenant of any failures of Tenant’s 's Plans to conform to Exhibit “B”, "C," the Tenant Information Package Handbook or otherwise to meet with Xxxxxxxx’s Landlord's approval. Tenant shall within fifteen thirty (1530) days after receipt of any such notice cause Tenant’s 's Plans to be revised to the extent necessary to obtain Landlord’s 's approval and resubmitted for Landlord’s 's approval. When Landlord has approved the original or revised Tenant’s 's Plans, Landlord shall sign initial and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s 's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. "C-2." Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency sufficiency, or conformity compliance with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), codes and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s 's Work until Landlord has approved Exhibit “B- 2"C-2,” " unless prior Landlord approval has been obtained in writing. Landlord Landlord's review and approval of Tenant's Plans shall notify Tenant not less than be unreasonably withheld or delayed. Within fifteen (15) days in advance after the later of the time when date of this Lease or the date Tenant's Plans have been approved by Landlord, Landlord shall notify Tenant that Tenant can commence Tenant’s 's Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant)notice, complete the same in strict accordance with Exhibits “B” "C" and “B-2”, "C-2," install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the 150th day after the last to occur of the following: (i) a fully-executed copy of this Lease has been delivered to Tenant, (ii) Tenant's Plans have been approved by Landlord provided Tenant timely submits the same to Landlord for Landlord's review, (iii) Landlord has notified Tenant that the Premises are ready for the commencement of Tenant's Work, (iv) Tenant has received a building permit provided Tenant promptly applies for such building permit and diligently pursues such application for approval, and (v) Tenant has received an On-Sale Liquor License from the City of Bloomington provided Tenant promptly applies for such liquor license and diligently pursues such application for approval, which applicable day shall be the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In Tenant or for any delay in commencing or completing any work Landlord is to perform or is authorized by Tenant to perform under Exhibit "C", or with respect to the event possession Center or any other part or all of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.Total

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant the Tenant Information Package and the same shall become a part hereof by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is laterlaterIf Tenant intends to complete Tenant’s Work in the Premises, Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within thirty (30) days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise to meet with Xxxxxxxx’s approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s Work until Landlord has approved Exhibit “B- 2B-2,” unless prior Landlord approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant the Tenant Information Package and the same shall become a part hereof by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is later, Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within thirty (30) days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise to meet with Xxxxxxxx’s approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s Work until Landlord has approved Exhibit “B- 2,” ”, unless prior Landlord approval has been obtained in writing. In the event of a conflict between Xxxxxx’s architectural design, storefront design and finish materials on the Landlord-approved Tenant’s Plans and the Lease, including any supplemental design criteria, the Plans shall prevail. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant the a Tenant Information Package and the same shall become (including a part hereof by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after the date of this Lease or the date of receipt of a dimensioned drawing of the Premises and a copy of the Tenant Information Package, whichever is laterHandbook). Within sixty (60) days after the execution date of this Lease, Tenant will submit to Landlord one make a Preliminary Submittal (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared as defined in conformity with Exhibit “B” and the Tenant Information Package). Within thirty ten (3010) days after receipt of Tenant’s Plansthe Preliminary Submittal, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to nonconformities with Exhibit “B”"C", the Tenant Information Package Handbook or otherwise other failure to meet with Xxxxxxxx’s Landlord's approval. Tenant shall within fifteen (15) 15 days after receipt of any such notice cause Tenant’s Plans to be revised to submit Final Construction Documents based upon the extent necessary to obtain Preliminary Submittal and incorporating Landlord’s 's comments thereto. Landlord shall notify Tenant of its approval and resubmitted for Landlord’s or disapproval of the Final Construction Documents within 10 days after receipt. Upon approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans Final Construction Documents to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”"C-2". Approval of plans and specifications construction documents by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy of sufficiency, or sufficiency or conformity compliance with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), codes and Tenant shall be solely responsible for such plans and specificationsconstruction documents. Tenant shall not commence any of Tenant’s 's Work until Landlord has approved Exhibit “B- 2,” "C-2", unless prior Landlord approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install use all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery reasonable efforts to Tenant. In the event deliver possession of the Premises is to Tenant, with Landlord's Work substantially completed and to ensure that the existing tenant has vacated on or before January 7, 1998 , but in no event later than February 7, 1998("Delivery Date"). Landlord shall not be deemed to have delivered to Tenant within two (2) years possession of the date of this Lease, then this Lease automatically Premises unless Landlord has substantially completed Landlord's Work as set forth in Exhibit "C" and the existing tenant has vacated. Landlord's Work shall become null and void and neither party shall have any liability or obligation to the other hereunder.be deemed

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant a drawing of the Tenant Premises and a copy of the Tenant's Information Package and the same Handbook (which shall become a part hereof by this reference as Exhibit “B-1” ("C-l" and hereinafter referred to as “Tenant Information Package”"Handbook"). Within forty five (45) 45 days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information PackageTenant's Handbook, whichever is later, Tenant will submit to Landlord one (1) electronic copy reproducible set and 3 copies of plans and specifications, prepared by a registered architect Architect or engineerEngineer licensed in the state of the project, of all Tenant’s 's Work to be done within the Premises (hereinafter called “"Tenant’s 's Plans”"), prepared in conformity with Exhibit “B” "C" and the Tenant Information PackageHandbook. Within thirty (30) days after receipt of Tenant’s 's Plans, Landlord shall notify Tenant of any failures of Tenant’s 's Plans to conform to Exhibit “B”, "C," the Tenant Information Package Handbook or otherwise to meet with Xxxxxxxx’s Landlord's approval. Tenant shall within fifteen (15) 15 days after receipt of any such notice cause Tenant’s 's Plans to be revised to the extent necessary to obtain Landlord’s 's approval and resubmitted for Landlord’s 's approval. When Landlord has approved the original or revised Tenant’s 's Plans, Landlord shall sign initial and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s 's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. "C-2." Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act)laws, and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s 's Work until Landlord has approved Exhibit “B- 2"C-2,” " unless prior Landlord approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) 15 days in advance of the time when Tenant can commence Tenant’s 's Work whereby it certifies that it has substantially completed all of Landlord's Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s 's Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” "C" and “B-2”, "C-2," install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein subject to the last paragraph of Section 4.1 not later than the 90TH day after the earlier of (a) the date specified in such notice as the date when Tenant can commence Tenant's Work or (b) the date Landlord has notified Tenant that the Premises are ready for commencement of Tenant's Work which applicable day shall be the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant a drawing of the Premises and a copy of the Tenant Information Package Handbook and the same shall become a part hereof by this reference as Exhibit “"B-1” " (hereinafter referred to as “Tenant Information Package”"Handbook"). On or before the later of (i) June 1, 1999 or (ii) Within forty five (45) days after Tenant receives a fully executed original the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information PackageTenant's Handbook, whichever is later, Tenant will submit to Landlord one (1) electronic copy reproducible set (sepia) and 3 copies of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s 's Work to be done within the Premises (hereinafter called “"Tenant’s 's Plans”"), prepared in conformity with Exhibit “"B” " and the Tenant Information PackageHandbook. Within thirty (30) days after receipt of Tenant’s 's Plans, Landlord shall notify Tenant of any failures of Tenant’s 's Plans to conform to Exhibit “"B”, ," the Tenant Information Package Handbook or otherwise to meet with Xxxxxxxx’s Landlord's approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s 's Plans to be revised to the extent necessary to conform to Exhibit "B" or the Handbook obtain Landlord’s 's approval and resubmitted for Landlord’s 's approval. When Landlord has approved the original or revised Tenant’s 's Plans, Landlord shall sign initial and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s 's Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “"B-2”. ." Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the XxxxxxxxWilliams-Xxxxxxx Steiger Occupational Safety and Health Safxxx xxx Xxxxxx Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s 's Work until Landlord has approved Exhibit “B- 2"B-2,” " unless prior Landlord approval has been obtained in writing. Notwithstanding anything to the contrary contained in the Handbook, (i) Tenant shall not be required to make any plan submissions earlier than as required pursuant to the terms and provisions of this Lease, (ii) Tenant shall not be required to post, or to cause its contractor to post, a payment or performance bond or other bond of any kind, (iii) Landlord shall not have a right of approval with respect to the identity of Tenant's contractor(s), (iv) except for Landlord's right to approve plans and specifications for Tenant's Work, Landlord shall not have the right to design Tenant's store or any portion thereof, (v) Tenant shall not be required to pay Landlord for any item of work, installation or service, or any other sum whatsoever, that is not specifically and expressly provided for (including the amount thereof) in the terms and provisions of this Lease, (vi) Tenant shall not be required to include within Tenant's Work any work not specifically required to be performed pursuant to this Lease, (vii) there shall be no restriction on Tenant's use or placement of fixtures, signs, advertisements, notices or decals except as specifically set forth in this Lease, (viii) Tenant's obligation to use Landlord or a particular contractor for the performance of any part of Tenant's Work is conditioned upon Landlord or such contractor charging a competitive fee for its work or service and being available to perform work or provide materials to Tenant when needed by Tenant, (ix) Tenant's obligation to incorporate design suggestions and comments of Landlord or its tenant coordinator is limited to those suggestions and comments which are requried in order for the plans and specifications to conform to the Handbook and this Lease, (x) Tenant shall not be obligated to use union labor unless failure to do so is likely to cause labor unrest or a work stoppage with respect to the Center, (xi) in the event of any conflict between this Lease and the Handbook, this Lease shall control, and (xii) in the event of any conflict between the Handbook and the approved Tenant's Plans, the approved Tenant's Plans shall control. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s 's Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s 's Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “"B” " and “"B-2”, ," install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Commencement Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within eighteen (18) months two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver has delivered to Tenant and Tenant acknowledges receipt of the Tenant Information Package and the same shall become a part hereof which is deemed incorporated herein by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after Notwithstanding anything in this Lease to the date contrary, in the event of any conflict or inconsistency between any terms, provisions or requirements of the Tenant Information Package and any terms, provisions or requirements of this Lease or (disregarding its references to the date of receipt of a drawing of the Premises and Tenant Information Package), whichever is laterthen the terms, provisions and requirements of this Lease shall govern and control. Tenant will electronically submit to Landlord one (1) electronic copy Adobe pdf files of plans and specifications, specifications prepared by a registered architect or engineer, of all Tenant’s or parts of the Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with this Exhibit “B” and/or Exhibit D-1 and the Tenant Information Package. Landlord acknowledges that Tenant intends to complete the Work on a fast-track, design-build basis and that Tenant may submit to Landlord Tenant’s Plans for different portions of the Work at different times, to allow performance of the Work to commence prior to finalizing all of Tenant’s Plans for all of the Work. (The foregoing procedure shall not be construed to permit Tenant to complete any part of the Work if the Tenant’s Plans for such part of the Work are not first approved by Landlord.) Within thirty ten (3010) days Business Days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”D-1, the Tenant Information Package or otherwise to meet with XxxxxxxxLandlord’s approval, which approval Landlord shall not unreasonably withhold, condition or delay. If Landlord disapproves of Tenant’s Plans, then Landlord’s notice of disapproval shall specify in reasonable detail the reasons for such disapproval. If Landlord does not notify Tenant of disapproval within said five (5) Business Days (including such reasonable details of the reasons for disapproval), then Tenant will send Landlord a second request for its approval or disapproval. If Landlord does not notify Tenant of disapproval within an additional three (3) Business Days after receipt of the additional notice, then Landlord shall be conclusively deemed to have approved Tenant’s Plans. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. Landlord shall notify Tenant whether it approves the revised Tenant’s Plans within three (3) Business Days after Tenant’s submission thereof. If Landlord disapproves of such revised Tenant’s Plans, then Landlord shall notify Tenant thereof specifying in reasonable detail the reasons for such disapproval, in which case Tenant shall, within five (5) Business Days after such notice, further revise such Tenant’s Plans in accordance with Landlord’s objections and submit to Landlord for its review and approval. If Landlord does not notify Tenant of disapproval within said three (3) Business Days (including such reasonable details of the reasons for disapproval), then Tenant will send Landlord a second request for its approval or disapproval. If Landlord does not notify Tenant of disapproval within an additional three (3) Business Days after receipt of the additional notice, then Landlord shall be conclusively deemed to have approved Tenant’s Plans. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”reference. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such all plans and specifications, including, without limitation, the Tenant’s Plans. Tenant shall not commence any part of Tenant’s Work until Landlord has approved Exhibit “B- 2,” Tenant’s Plans for such part of the Work, unless prior Landlord approval has been obtained in writing. Landlord shall notify Subject to Tenant’s compliance with this Exhibit and the Lease, Tenant not less than fifteen (15) days in advance may commence the Work immediately following Landlord’s delivery of the time when Premises to Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), condition required under the Lease. Tenant will complete the same Work in strict accordance with Exhibits “B” Exhibit D-1 (subject to change orders approved by Tenant and “B-2”Landlord), install all store trade fixtures and trade fixtures, equipment, stock in trade, merchandise equipment and inventory, and open for use commercially reasonable efforts to commence business operations therein not later than the Required Completion Rent Commencement Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.

Tenant's Obligations Before Commencement Date. As soon as reasonably possible hereafter, Landlord shall deliver to Tenant the Tenant Information Package and the same shall become a part hereof by this reference as Exhibit “B-1” (hereinafter referred to as “Tenant Information Package”). Within forty five (45) days after the date of this Lease or the date of receipt of a drawing of the Premises and Tenant Information Package, whichever is later, later Tenant will submit to Landlord one (1) electronic copy of plans and specifications, prepared by a registered architect or engineer, of all Tenant’s Work to be done within the Premises (hereinafter called “Tenant’s Plans”), prepared in conformity with Exhibit “B” and the Tenant Information Package. Within thirty (30) days after receipt of Tenant’s Plans, Landlord shall notify Tenant of any failures of Tenant’s Plans to conform to Exhibit “B”, the Tenant Information Package or otherwise to meet with Xxxxxxxx’s approval. Tenant shall within fifteen (15) days after receipt of any such notice cause Tenant’s Plans to be revised to the extent necessary to obtain Landlord’s approval and resubmitted for Landlord’s approval. When Landlord has approved the original or revised Tenant’s Plans, Landlord shall sign and return (which signature and return may be transmitted electronically) one (1) set of approved Tenant’s Plans to Tenant and the same shall become a part hereof by this reference as Exhibit “B-2”. Approval of plans and specifications by Landlord shall not constitute the assumption of any responsibility by Landlord for their accuracy or sufficiency or conformity with applicable laws (including but not limited to the Americans with Disabilities Act of 1990 and the Xxxxxxxx-Xxxxxxx Occupational Safety and Health Act), and Tenant shall be solely responsible for such plans and specifications. Tenant shall not commence any of Tenant’s Work until Landlord has approved Exhibit “B- 2,” unless prior Landlord approval has been obtained in writing. Landlord shall notify Tenant not less than fifteen (15) days in advance of the time when Tenant can commence Tenant’s Work; and Tenant shall commence such work not later than the date specified in such notice (although Landlord may not have completed Landlord’s Work on such date and may be in the Premises concurrently with Tenant), complete the same in strict accordance with Exhibits “B” and “B-2”, install all store and trade fixtures, equipment, stock in trade, merchandise and inventory, and open for business therein not later than the Required Completion Date. Tenant hereby releases Landlord and its contractors from any claim whatsoever for damages against Landlord or its contractors for any delay in the date on which the Premises shall be ready for delivery to Tenant. In the event possession of the Premises is not delivered to Tenant within two (2) years of the date of this Lease, then this Lease automatically shall become null and void and neither party shall have any liability or obligation to the other hereunder.