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

Tenant’s Performance of the Work. The Initial Tenant Work shall be performed and constructed by Tenant in accordance with the approved Construction Documents, in compliance with applicable Laws, and the provisions of the Lease, including without limitation the terms and conditions of Section 8 thereof and the Building’s construction rules and regulations (a copy of which is available upon request). Any structural work (to the extent, if any, required to reinforce portions of the floor of the Premises for Tenant’s filing rooms or similar uses requiring additional support) or other work affecting Base Building systems or areas outside the Premises shall be done only after obtaining Landlord’s reasonable prior approval of Construction Documents therefor under Section 8 of the Lease and of the manner in which such work shall be performed under Section 8 of the Lease, specifically including any Landlord requirements concerning access to adjacent tenant areas or Building core areas. All Cabling shall be installed in accordance with Section 8.01 of the Lease. Landlord shall not be responsible for any aspects of the design or construction of the Initial Tenant Work or other Tenant installations in or about the Premises, the correction of any defects therein, or any delays in the completion thereof. After the Construction Documents have been approved by Landlord, any material change in the work shown thereon, shall be made only after Tenant shall have submitted revised Construction Documents to Landlord for its review and approval in accordance with Paragraph C.3 above. If the Initial Tenant Work includes any structural or other special items, Tenant shall reimburse Landlord for the reasonable out-of- pocket costs incurred by Landlord in reviewing such items. For each Phase Premises, Tenant shall pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of the Initial Tenant Work in an amount equal to 2.5% of the applicable Construction Allowance. For the purposes of clarity only, Tenant shall not be obligated to pay such fee in connection with the Bathroom Upgrade Work or Floor Demolition Costs. Tenant shall also pay to Landlord the costs of Building services or facilities (such as electricity, HVAC, fire alarm plug ins/outs, freight elevator usage, and cleaning) used by Tenant in connection with its performance of the Initial Tenant Work, in each case at Building standard rates charged to tenants generally. Any such costs shall constitute Allowance Costs that may be requisitioned from time to time from the applicable Construction Allowance as provided in Paragraph C.4.

Tenant’s Performance of the Work. The Initial Tenant Work shall be performed and constructed by Tenant in accordance with the approved Construction Documents, in compliance with applicable Laws, and the provisions of the Lease, including including, without limitation limitation, the terms and conditions of Section 8 thereof and the Building’s construction rules and regulations (a copy of which is available upon request). Any structural work (to the extent, if any, required to reinforce portions of the floor of the Premises for Tenant’s filing rooms or similar uses requiring additional support) or other work affecting Base Building systems or areas outside the Premises shall be done only after obtaining Landlord’s reasonable prior approval of Construction Documents therefor under Section 8 of the Lease and of the manner in which such work shall be performed under Section 8 of the Lease, specifically including any Landlord requirements concerning access to adjacent tenant areas or Building core areas. All Cabling shall be installed in accordance with Section 8.01 of the Lease. Landlord shall not be responsible for any aspects of the design or construction of the Initial Tenant Work or other Tenant installations in or about the Premises, the correction of any defects therein, or any delays in the completion thereof. After the Construction Documents have been approved by Landlord, any material change in the work shown thereon, whether material or not, shall be made only after Tenant shall have submitted revised Construction Documents to Landlord for its review and approval in accordance with Paragraph C.3 above. If the Initial Tenant Work includes any structural or other special items, Tenant shall reimburse Landlord for the reasonable out-of- of-pocket costs incurred by Landlord in reviewing such items. For each Phase Premises, Tenant shall pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of the Initial Tenant Work in an amount equal to 2.5% two percent (2%) of the applicable Construction Allowancetotal hard costs of the Initial Tenant Work. For the purposes of clarity onlyIn addition, Tenant shall not be obligated to pay such fee in connection with the Bathroom Upgrade Work or Floor Demolition Costs. Tenant shall also pay to Landlord the costs of Building services or facilities (such as electricity, HVAC, fire alarm plug ins/outs, freight elevator usage, and cleaning) used by Tenant in connection with its performance of the Initial Tenant Work, in each case at Building standard rates charged to tenants generally. Any such costs shall constitute Allowance Costs that may be requisitioned from time to time from the applicable Construction Allowance as provided in Paragraph C.4. For purposes hereof, the date upon which the Initial Tenant Work shall be deemed to be “substantially complete” and/or the date upon which “substantial completion” of the Initial Tenant Work shall be deemed to have occurred shall mean the date upon which Landlord provides Tenant with written notice that Landlord has reviewed and approved all of the Close-Out Materials pursuant to Section C.4 above. Notwithstanding anything in this Lease or this Exhibit C, the Term Commencement Date shall be extended one (1) day for each day of actual delay in the substantial completion of the Initial Tenant Work to the extent any such delay is caused by and results form Force Majeure or: (i) the failure of Landlord to timely approve or disapprove any Construction Documents, any Close-Out Materials or any other matter which requires Landlord’s timely approval or disapproval; (ii) the unreasonable interference by Landlord, its agents, representatives, engineers, consultants or contractors in the Building with the substantial completion of the Initial Tenant Work; (iii) delays due to Landlord’s performance of any renovations to the lobby of the Building; (iv) delays due to the discovery of Hazardous Materials in the Premises; and/or (v) all other delays attributable to Landlord’s failure to deliver the Premises to Tenant upon the Term Commencement Date (other than due to any request or delay caused by Tenant or any person acting under Tenant), but only to the extent that any such delay actually delays Tenant’s commencement or substantial completion of the Initial Tenant Work.

Tenant’s Performance of the Work. The Initial Tenant Work shall be performed and constructed by Tenant in accordance with the approved Construction Documents, in compliance with applicable Laws, and the provisions of the Lease, including without limitation the terms and conditions of Section 8 4.07 thereof and the Building’s construction rules and regulations (a copy of which is available upon request). Any structural work (to the extent, if any, required to reinforce portions of the floor of the Premises for Tenant’s filing rooms or similar uses requiring additional support) or other work affecting Base Building systems or areas outside the Premises shall be done only after obtaining Landlord’s reasonable prior approval of Construction Documents therefor under Section 8 4.07 of the Lease and of the manner in which such work shall be performed under Section 8 4.07 of the Lease, specifically including any Landlord requirements concerning access to adjacent tenant areas or Building core areas. All Cabling shall be installed in accordance with Section 8.01 of the LeaseLease and the Building’s construction rules and regulations. Landlord shall not be responsible for any aspects of the design or construction of the Initial Tenant Work or other Tenant installations in or about the Premises, the correction of any defects therein, or any delays in the completion thereof. After the Construction Documents have been approved by Landlord, any material change in the work shown thereon, whether material or not, shall be made only after Tenant shall have submitted revised Construction Documents to Landlord for its review and approval in accordance with Paragraph C.3 B.3 above; provided that, for any non-material change that does not affect the base building, Building systems, or any areas outside of the Premises, Landlord’s prior approval is not required so long as Tenant shall provide Landlord with such reasonable prior notice thereof to afford Landlord the opportunity, but not the obligation, to review such non-material change. If the Initial Tenant Work includes any structural or other special items, Tenant shall reimburse Landlord for the reasonable out-of- of-pocket costs incurred by Landlord in reviewing such items. For each Phase Premises, Tenant shall pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of the Initial Tenant Work in an amount equal to 2.5% two percent (2.0%) of the applicable Construction Allowancehard costs of the Initial Tenant Work; provided, however, that such fee shall not exceed $20,000.00 in the aggregate. For the purposes of clarity onlyIn addition, Tenant shall not be obligated to pay such fee in connection with the Bathroom Upgrade Work or Floor Demolition Costs. Tenant shall also pay to Landlord the costs of Building services or facilities (such as electricity, HVAC, fire alarm plug ins/outs, freight elevator usage, and cleaning) used by Tenant in connection with its performance of the Initial Tenant Work, in each case at Building standard rates charged to tenants generally. Any such costs shall constitute Allowance Costs that may be requisitioned from time to time from the applicable Construction Allowance as provided in Paragraph C.4B.4.