Common use of Tenant’s Performance of Tenant’s Work Clause in Contracts

Tenant’s Performance of Tenant’s Work. Tenant shall promptly, and with all due diligence, perform Tenant's Work in accordance with (i) Tenant's Plans as set forth on Schedule 1 and (ii) those construction rules and regulations of the Property attached hereto as Schedule 2 (the "Construction Rules"). Tenant shall obtain all necessary governmental permits and approvals for Tenant's Work, and Tenant shall have Tenant's Work performed by contractors reasonably approved by Landlord, which contractors shall maintain such insurance as the Landlord may reasonably require. Upon notice to Tenant, Landlord shall have the right to reasonably modify the Construction Rules and/or to prescribe such additional reasonable rules and regulations relative to the performance of Tenant's Work and any other work which Tenant may perform under this Lease, and Tenant shall abide by all such rules and regulations and shall use its best efforts to cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. All of Tenant's Work shall be done in accordance with Tenant's Plans and in a good and workmanlike manner and in compliance with Applicable Law and all insurance requirements set forth in the Lease. Notwithstanding the foregoing, Landlord shall be responsible for making any alterations to the Building and common areas located therein that are required as a result of Tenant's Work in order to comply with Applicable Laws and Tenant shall be responsible for any modifications to the Premises that are required as a result of Tenant's Work. Except as may be otherwise shown on Tenant's Plans, Tenant shall perform Tenant's Work using building standard materials, quantities and procedures then in use by Landlord unless otherwise agreed to. It shall be Tenant's obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Premises to the extent required by Applicable Law, and Tenant shall submit to Landlord a copy of the same together with waivers of liens from all of Tenant's contractors in recordable form. Tenant shall also prepare and submit to Landlord promptly after Tenant's Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's contractor for Tenant's computer, telephone and other communication systems.

Tenant’s Performance of Tenant’s Work. Once the Plans have been approved by Landlord, Tenant shall promptly, and with all due diligence, perform Tenant's Work in accordance with (i) Tenant's Plans as set forth on Schedule 1 and (ii) those construction rules and regulations of the Property attached hereto as Schedule 2 (Plans, and, in connection therewith, the "Construction Rules"). Tenant shall obtain all necessary governmental permits and approvals for Tenant's Work, and . Tenant shall have Tenant's Work performed by contractors reasonably approved by Landlord, which contractors shall maintain such insurance as the Landlord may reasonably require. Upon notice to Tenant, Landlord shall have the right to reasonably modify the Construction Rules and/or to prescribe such additional reasonable rules and regulations relative to the performance of Tenant's Work and any other work which the Tenant may perform under this Lease, Lease and Tenant shall abide by all such rules and regulations and shall use its best efforts to cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. All of Tenant's Work shall be done strictly in accordance with Tenant's the Plans and in a good and workmanlike manner and in compliance with Applicable Law all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities and all insurance requirements set forth in the Lease. Notwithstanding the foregoing, Landlord shall be responsible for making any alterations to the Building and common areas located therein that are required as a result of Tenant's Work in order to comply with Applicable Laws and Tenant shall be responsible for any modifications to the Premises that are required as a result of Tenant's Work. Except as may be otherwise shown on Tenant's the Plans, Tenant shall perform Tenant's Work using building standard materials, quantities and procedures then in use by Landlord unless otherwise agreed toLandlord. It shall be Tenant's obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Expansion Premises to the extent required by Applicable Law, law and Tenant shall submit to Landlord a copy of the same together with waivers of liens lien from all of Tenant's contractors in recordable formform adequate for recording purposes. Tenant shall also prepare and submit to Landlord promptly after Tenant's Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Expansion Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's contractor for Tenant's computer, telephone and other communication systems.

Tenant’s Performance of Tenant’s Work. Once the Plans have been approved by Landlord, Tenant shall promptly, and with all due diligence, perform Tenant's Work in accordance with (i) Tenant's Plans as set forth on Schedule 1 and (ii) those construction rules and regulations of the Property attached hereto as Schedule 2 (Plans, and, in connection therewith, the "Construction Rules"). Tenant shall obtain all necessary governmental permits and approvals for Tenant's Work, and . Tenant shall have Tenant's Work performed by contractors reasonably approved by Landlord, which contractors shall maintain such insurance as the Landlord may reasonably require. Upon notice to Landlord approves Cianbro and Stantec as contractors for the Tenant, 's Work. Landlord shall have the right to reasonably modify the Construction Rules and/or to prescribe such additional reasonable rules and regulations relative to the performance of Tenant's Work and any other work which the Tenant may perform under this Lease, Lease and Tenant shall abide by all such rules and regulations and shall use its best commercially reasonable efforts to cause all of its contractors to so abide including, without limitation, payment for the costs of using Building servicesabide. All of Tenant's Work shall be done strictly in accordance with Tenant's the Plans and in a good and workmanlike manner and in compliance with all Applicable Law Law, court decisions, and orders and requirements of all public authorities and all insurance requirements set forth in the Lease. Notwithstanding the foregoing, Landlord shall be responsible for making any alterations to the Building and common areas located therein that are required as a result of Tenant's Work in order to comply with Applicable Laws and Tenant shall be responsible for any modifications to the Premises that are required as a result of Tenant's Work. Except as may be otherwise shown on Tenant's the Plans, Tenant shall perform TenantLandlord's Work using building standard materials, quantities and procedures then in use by Landlord unless otherwise agreed toLandlord. It shall be Tenant's obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Premises to the extent required by Applicable Law, Law and upon substantial completion of Tenant's Work and Tenant shall submit to Landlord a copy of the same together with waivers of liens lien from all of Tenant's contractors in recordable formform adequate for recording purposes. Tenant shall also prepare and submit to Landlord promptly after Tenant's Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's contractor for Tenant's computer, telephone and other communication systems.

Tenant’s Performance of Tenant’s Work. (a) Before Tenant or any of Tenant’s contractors (or any other person on behalf of either) may enter upon the Premises for purposes of commencing the performance of Tenant’s Work and before any building materials or equipment may be delivered to the Premises by Tenant or under Tenant’s authority, Tenant shall promptly, and comply with all due diligence, perform Tenant's Work of the following conditions (or procure Landlord’s written waiver of the condition(s) specified in accordance with the waiver): (i) Landlord shall have approved Tenant's Plans as set forth on Schedule 1 and ’s Plans; (ii) those construction rules and regulations of the Property attached hereto as Schedule 2 (the "Construction Rules"). Tenant shall obtain all necessary governmental permits and approvals for Tenant's Work, and Tenant shall have obtained Landlord’s prior written reasonable approval of Tenant's ’s general contractor and all major subcontractors which approval shall not be unreasonably withheld conditioned or delayed; (iii) Tenant shall have notified Landlord of Tenant’s intention to commence Tenant’s Work performed by contractors reasonably approved by Landlord, which contractors shall maintain at least five (5) days before commencement of such insurance as the Landlord may reasonably requirework or delivery of any materials or equipment. Upon notice to Tenant, Landlord shall have the right to reasonably modify post and maintain on the Construction Rules and/or Premises any notices of non-responsibility, and to prescribe such additional reasonable rules and regulations relative inspect the Premises in relation to the performance of Tenant's ’s Work provided Landlord does not interfere with Tenant’s Work; (iv) Tenant shall furnish Landlord with a true copy of Tenant’s contract with Tenant’s general contractor; and (v) Tenant’s general contractor shall deliver to Landlord (1) certificates of insurance evidencing coverage for “builder’s risk” and commercial general liability insurance in respect of the Premises and the conduct of Tenant’s Work therein, with Tenant, Landlord and Xxxxx Management Company, LLC as additional insureds, with a combined single limit of not less than THREE MILLION ($3,000,000) DOLLARS for bodily injury or death or property damage, (2) evidence of worker’s compensation insurance covering all persons employed in connection with Tenant’s Work and with respect to whom death or bodily injury claims could be asserted against Tenant, Landlord or the Premises, (3) evidence that the Tenant’s general contractor has paid or caused to be paid all premiums for the coverage described above in this paragraph, and (4) copies of all governmental permits and approvals necessary for the performance of Tenant’s Work. Tenant’s general contractor shall maintain, keep in force, and pay all premiums required to maintain and keep in force all such insurance at all times during which the Tenant’s Work is in progress. The foregoing shall be in addition to the insurance required to be maintained by Tenant pursuant to any other work which Tenant may perform under this provisions of the Lease, and Tenant shall abide by all such rules and regulations and shall use its best efforts to cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. All of . (b) Tenant's ’s Work shall be done performed in accordance with the following: (i) Once Tenant's Plans and ’s Work has begun, Tenant shall with reasonable diligence prosecute the same to completion. Tenant’s Work shall be performed in a good and workmanlike manner and all materials shall be of first-class quality. Tenant’s Work shall be performed in compliance in all material respects with Applicable Law Tenant’s Plans and all insurance requirements set forth in accordance with the Lease. Notwithstanding terms of the foregoing, Landlord shall be responsible for making any alterations to the Building and common areas located therein that are required as a result of Tenant's Work in order to comply with Applicable Laws and Lease respecting Alterations. (ii) Tenant shall be responsible for any modifications obtain and furnish to the Premises that are required as Landlord a result of Tenant's Work. Except as may be otherwise shown on Tenant's Planspermanent or temporary (if temporary, Tenant shall perform Tenant's Work using building standard materials, quantities and procedures then in use by Landlord unless otherwise agreed to. It shall be Tenant's obligation to must within a reasonable period of time obtain a permanent) certificate of occupancy or and all other like governmental approval approvals for the use and occupancy of the Premises when the Tenant’s Work is completed. Construction materials and equipment must be confined to the extent required by Applicable Lawarea within the Premises only. No contractor and subcontractor participating in the Tenant’s Work shall use any space within the Landlord’s Building which is outside of the Premises for storage, for handling and moving materials and equipment and for other facilities for personnel without the prior written consent of Landlord (which may be withheld in Landlord’s sole discretion). (iii) Notwithstanding any provision to the contrary, Landlord shall have the right (but not the obligation) to do for the account of Tenant any Tenant’s Work which involves installations outside of the Premises or which involves any penetration of any roof, floor or exterior wall, and Tenant shall submit reimburse Landlord upon demand for the reasonable out-of-pocket cost and expense thereof plus in each case ten (10%) percent of the hard costs thereof for each of administrative and overhead cost and expense. Without limiting any other approvals or consents required to be obtained by Tenant from Landlord, the nature, scope, timing and method of installation or performance of any of the Tenant’s Work which involves work or installations outside of the Premises, or which involves any penetration of any roof, floor or exterior wall must first be approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant or its contractor shall be obligated to give Landlord at least three (3) business day’s advance notice of any such work in order that Landlord will have the right to attend the performance of same (without being obligated to do so). Notwithstanding the foregoing, any work to be performed by Landlord shall be subject to Landlord a copy providing an estimate to Tenant of costs and expenses to be incurred. (iv) Tenant shall be entitled to perform Tenant’s Work during normal business hours and without any obligation on Tenant’s part to employ labor at overtime or other premium pay rates; provided, however, that as to those portions of Tenant’s Work which Landlord in its reasonable discretion determines will materially interfere with other occupants of the Building’s use of their premises (“After-Hours Work”), Tenant shall cause same together with waivers to be performed on weekends or during other than normal business hours. Without limiting the generality of liens from all the foregoing, in the event that Landlord determines that any portion of Tenant's contractors in recordable form. ’s Work may be disturbing to other tenants, then Tenant shall also prepare only be allowed to perform such work on weekends or otherwise during such days and submit hours as may be approved by Landlord at no additional charge to by Landlord promptly after to Tenant's . All workers and material must use the elevator designated by Landlord only. The use of elevators for equipment or heavy materials must be scheduled in advance with the Building Manager. Sprinkler work that requires draining the area must be scheduled in advance with the Building Manager. Landlord shall provide Tenant with reasonable prior notice if it has determined that After-Hours Work is substantially complete a set necessary. (v) In doing Tenant’s Work, Tenant and its contractors and subcontractors shall not at any time damage, injure, interfere with or delay the completion of asany other work in the Building or materially interfere with the use or enjoyment of any part of the Landlord’s Building by any other tenant or occupant , and they and each of them shall comply with all reasonable procedures, rules and regulations prescribed by Landlord for the performance and/or coordination of the Tenant’s Work. Without limiting the generality of the foregoing, all After-built plans Hours Work or which will require access to areas outside of the Premises, must be scheduled in both print advance with the Building Manager, and electronic forms showing shall only be permitted before 7:00 a.m. or after 6:00 p.m. or on weekends, and corridor walls and floors from the work performed by Tenant construction space to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's contractor for Tenant's computer, telephone and other communication systems.elevator

Tenant’s Performance of Tenant’s Work. Once the Plans have been approved by Landlord, Tenant shall promptly, and with all due diligence, perform Tenant's ’s Work in accordance with (i) Tenant's Plans as set forth on Schedule 1 and (ii) those construction rules and regulations of the Property attached hereto as Schedule 2 (Plans, and, in connection therewith, the "Construction Rules"). Tenant shall obtain all necessary governmental permits and approvals for Tenant's ’s Work. Whenever Landlord’s approval is required related to any of Tenant’s Work, and Landlord shall not unreasonably withhold, condition or delay such approval. Tenant shall have Tenant's ’s Work performed by contractors reasonably and subcontractors approved by Landlord, which contractors and subcontractors shall maintain such insurance as the Landlord may reasonably require. Upon notice Landlord hereby approves Xxxxx Xxxx LaSalle as the general contractor, and Vision3 Architects as the architect, for Tenant’s initial Tenant’s Work hereunder pursuant to Tenant, Plans approved by Landlord. Landlord shall have the right to reasonably modify the Construction Rules and/or to prescribe such additional reasonable rules and regulations relative to the performance of Tenant's ’s Work and any other work which the Tenant may perform under this Lease, Lease and Tenant shall abide by all such rules and regulations and shall use its best efforts to cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. All of Tenant's ’s Work shall be done strictly in accordance with Tenant's the Plans and in a good and workmanlike manner and in compliance with Applicable Law all applicable laws, ordinances, rules, regulations, statutes, by-laws, court decisions, and orders and requirements of all public authorities and all insurance requirements set forth in the Lease. Notwithstanding the foregoing, Landlord shall be responsible for making any alterations to the Building and common areas located therein that are required as a result of Tenant's Work in order to comply with Applicable Laws and Tenant shall be responsible for any modifications to the Premises that are required as a result of Tenant's Work. Except as may be otherwise shown on Tenant's the Plans, Tenant shall perform Tenant's ’s Work using building standard materials, quantities and procedures then in use by Landlord unless otherwise agreed toLandlord. It shall be Tenant's ’s obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the Premises to the extent required by Applicable Law, law and Tenant shall submit to Landlord a copy of the same together with waivers of liens lien from all of Tenant's ’s contractors in recordable formform adequate for recording purposes. Tenant shall also prepare and submit to Landlord promptly after Tenant's ’s Work is substantially complete a set of as-built plans in both print and electronic forms showing the work performed by Tenant to the Premises including, without limitation, any wiring or cabling installed by Tenant or Tenant's ’s contractor for Tenant's ’s computer, telephone and other communication systems. Tenant shall not be required to remove any of the initial Tenant’s Work at the expiration of the Term except as otherwise indicated by Landlord upon its approval of the Plans. Notwithstanding the foregoing, Tenant shall be required to remove all low voltage cabling that it installs in the Premises upon the termination or expiration of the Term of the Lease.