Common use of TENANT'S PLANS AND SPECIFICATIONS Clause in Contracts

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agrees, at its sole cost and expense, through a space planner or architect selected by Tenant, and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days (“Space Planner”), to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the work. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. Not later than August 1, --------------------------------- 1999, Tenant agreesshall submit to Landlord for its review and approval and, if necessary, resubmit the same from time to time within fifteen (15) days after receipt of written notice of disapproval thereof from Landlord, until the same are approved by Landlord, detailed drawings and plans and specifications of and for all interior and exterior improvements to be constructed and installed by Tenant in the Leased Premises as Tenant's Work (as hereinafter defined), including, without limitation, layout, lighting plan, interior finish and material samples, typical display technique, if applicable, interior and exterior signage plans and specifications, store front, and any work or equipment to be done or installed by Tenant affecting any structural, mechanical or electrical part of the Leased Premises, the building in which the Leased Premises is located, and also showing all Trade Fixtures (as hereinafter defined) to be installed therein by Tenant (the "Plans and Specifications"). Tenant's Plans and Specifications shall be prepared by a licensed architect or other professional approved by Landlord. Tenant shall not commence the construction and installation of any of Tenant's Work or Trade Fixtures unless and until Landlord shall give its written consent and approval to Tenant's Plans and Specifications, which consent shall not be unreasonably withheld, delayed or conditioned. Landlord shall have fifteen (15) days after receipt of Tenant's original or resubmitted Plans and Specifications to review and approve or disapprove same. Any disapproval by Landlord shall set forth with specificity the items or aspects of Tenant's Plans and Specifications which Landlord does not approve. Upon receipt of Landlord's approval of Tenant's Plans and Specifications, Tenant shall promptly thereafter, at its sole cost and expense, through a space planner or architect selected by Tenant, seek and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days (“Space Planner”), obtain all necessary building permits and governmental approvals required to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work enable Tenant to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the 's work. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. A. Landlord shall cause to be prepared complete, finished, detailed architectural and engineering drawings and mechanical plans including all dimensions and specifications for all work to be performed by Landlord hereunder ("Tenant's Plans"). The cost of Tenant's Plans shall be charged against the Tenant agreesImprovement Allowance provided below. B. Tenant's Plans shall be delivered to Tenant for approval on or before December 16, at 1992. Such approval shall not be unreasonably withheld. If Tenant shall have reasonable grounds for withholding its sole cost and expenseapproval of Tenant's Plans, through a space planner or architect selected by Tenant, and approved by Landlord in Landlord’s reasonable discretion given within five three (53) business days (“Space Planner”)of receipt of Tenant's Plans, to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies written notice of its disapproval detailing with specificity those aspects of Tenant’s 's Plans which Tenant disapproves. In the event Tenant fails to provide Landlord with written notice within such three (3) business day period, Tenant shall conclusively be deemed to have approved Tenant's Plans. In the event Tenant provides timely written notice of its disapproval of Tenant's Plans, within such three (3) business day period, Landlord shall amend Tenant's Plans accordingly and Contractor’s deliver the amended plans to Tenant for approval. The same procedures as for the original Tenant's Plans shall be applicable insurance policiesto any amendments of Tenant's Plans under the preceding sentences. At a minimumIf Tenant shall fail to approve Tenant's Plans within the times provided in this paragraph, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury then and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or in addition to any other party required rights or remedies of Landlord (including but not limited to the provisions of Article VI below) at Landlord's option, Landlord may terminate this Tenancy Agreement. Such option shall not be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than exercised until at least thirty (30) days’ days after the default in question. C. Without the prior written notice prior to any cancellation or modification consent of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the workmake no changes in Tenant's Plans after approval thereof. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agrees(A) Tenant, at its Tenant's sole cost and expense, through a space planner or architect selected except as otherwise provided herein, shall cause Partners by Design to prepare complete, finished architectural plans and specifications in sufficient detail as to heat loads, ventilation, electrical loads and plumbing requirements for preparation of HVAC, mechanical, electrical, plumbing, fire protection, structural and telephone drawings by other professionals engaged by Tenant, including all dimensions and approved specifications for all work to be performed in the Premises as tenant improvements (collectively "TENANT'S PLANS"). (B) Tenant's Plans shall include all information which may be required by Landlord Landlord's engineers in Landlord’s reasonable discretion given within five connection with mechanical plans, including but not limited to the following: (1) Any special floor loading conditions which may exceed the structural weights limits of any floor; (2) Specifications of any heat emanating equipment to be installed by Tenant which may require special air conditioning; (3) Telephone specifications and electrical specifications of any equipment that requires additional electrical power or outlets; (4) Complete specifications of any dataline wiring required, including routing, conduit size, cable type and similar items. (5) Furniture plans (including locations of files) showing details of space occupancy; (6) Reflected ceiling plans; (7) Partition and door location plans; (8) Fire safety plans; (9) Detail and finish plans and schedules, together with specifications for any "TENANT'S WORK" (as hereinafter defined) to be performed in the Premises; and (10) Plans for any stairwell to be constructed in the Premises. (C) Tenant's Plans are expressly subject to Landlord's prior written approval. Landlord shall, within ten (10) business days after submission of any of Tenant's Plans, either (“Space Planner”)i) approve Tenant's Plans as submitted, or (ii) advise Tenant of the changes required in Tenant's Plans in order to furnish meet Landlord's requirements. If Landlord does not respond to Tenant within said ten (10) business day period, then Tenant's Plans shall be deemed approved as submitted. Neither review nor approval by Landlord of any of Tenant's Plans shall constitute a representation or warranty by Landlord that Tenant's Plans are complete or suitable for their intended purpose, or comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability to Tenant or to any other person or entity for such completeness, suitability or compliance. (D) Tenant shall make no material changes in Tenant's Plans after approval thereof by Landlord without the prior written consent of Landlord. (E) Tenant's preliminary space plan plans have been delivered to Landlord. Tenant's final mechanical and engineering plans and specifications, including the space layout and improvement plan for the Premises final architectural plans shall be delivered to Landlord on or before January 14, 2000. Revised plans incorporating any changes reasonably requested by Landlord shall be resubmitted to Landlord within ten (“10) business days after notice of disapproval is delivered to Tenant’s Space Plan”. (F) required for the performance of the work to construct the improvements to the building desired All requests by Tenant (hereinafter referred to for reimbursement of expenses as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord provided in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner this Workletter shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved paid by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification days after Landlord's receipt of such coverage; provided howeverwritten request, if accompanied by invoices or other appropriate documentation reasonably satisfactory to Landlord which evidences the insurer is unable actual charges incurred by Tenant pursuant to subparagraph (E) above. All costs in excess of the maximum reimbursements specified herein or unwilling to provide such notice to Landlord, Tenant in the Lease shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused paid by or occurring because of activities or failure to properly and safely perform the workTenant. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agreesSubject to Landlord Delays, at its sole cost and expense, through a space planner within ninety (90) days following the later to occur of the date (i) all contingencies in Article XXIV of the Lease (except for that contained in Section 24.3) have been satisfied or architect selected otherwise waived in writing by Tenant, (ii) Tenant receives from Landlord a geotechnical report on the soils in the Land and Tenant’s Area of Control prepared by a licensed soils engineer in accordance with the required Utility Work and Site Work, (iii) Tenant approves the Site Work Plans in accordance with Section 4.6 above, and (iv) Landlord notifies Tenant in writing that Landlord has obtained the Required Project Entitlements, Tenant will cause Tenant’s Architect to prepare and deliver to Landlord complete plans, drawings and specifications (“Tenant’s Plans and Specifications”) for the construction of Tenant’s Work substantially in accordance with the elevations set forth in Addendum 3 (“Tenant’s Elevations”) and the space plans set forth in Addendum 4 (“Tenant’s Space Plans”), which Tenant’s Elevations and Tenant’s Space Plans are hereby pre-approved by Landlord subject to Applicable Laws. Tenant’s Plans and Specifications will show the architectural, structural and MEP detail for the construction of Tenant’s Work in sufficient detail as is required to obtain necessary building permits and other approvals and for Tenant’s contractor to prosecute the construction within the time frames set forth in the Lease and this Exhibit C, including but not limited to: (a) the base Building shell and other improvements constituting the Premises that are not within the scope of Landlord’s reasonable discretion given Work; (b) all utility facilities which will require conduiting or other improvements from the base Building shell work and/or within five the Premises; and (c) all other material specifications for Tenant’s Work. As long as Tenant’s Plans and Specifications substantially conform to Tenant’s Space Plans, Tenant’s Elevations and the terms and conditions hereof in all material respects, Landlord will not unreasonably withhold, delay or condition its consent to Tenant’s Plans and Specifications. If Landlord reasonably disapproves any material aspect of Tenant’s Plans and Specifications, Landlord agrees to advise Tenant in writing of such disapproval and the reasons therefor within live (5) business days (“Space Planner”), to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“of its receipt of Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”)Plans and Specifications. Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given failure to so notify Tenant within five such five. (5) business daysday period shall be deemed to be Landlord’s approval of Tenant’s Plans and Specifications. If Landlord reasonably disapproves any aspect of Tenant’s Plans and Specifications, Tenant and Landlord shall then use diligent efforts to reach agreement as to Tenant’s Plans and Specifications. Notwithstanding the foregoing, any approval given or deemed given by Landlord in connection with Tenant’s Plans and Specifications or the construction work described in this Work Letter, shall be a conceptual approval and not a technical approval. No such submission or approval by Landlord shall be deemed to mean approval of structural capacity, size of ducts and piping, adequacy of electrical wiring, system/equipment capacities and, without limitation, other technical matters pertaining to Tenant’s Work; nor shall such approval relieve Tenant of the responsibility for proper and adequate design and construction of Tenant’s Work or responsibility for compliance with all Applicable Laws. Within ten (10) days following Landlord’s approval of Tenant’s Plans and Specifications and to the extent permitted by the appropriate Governmental Authorities, Tenant will submit Tenant’s Plans and Specifications to the appropriate Governmental Authorities for plan checking and the issuance of the Building Permit, and contemporaneously provide Landlord with a copy of such submission. Tenant will use diligent and commercially reasonable efforts to obtain the Building Permit as soon as commercially reasonable following the date Tenant submits for the same (subject to delays caused by the Governmental Authorities). Tenant’s Architect shall make any and all changes to Tenant’s Plans and Specifications required by any applicable Governmental Authority (“Governmental Changes”) to obtain the Building Permit, and Landlord is hereby approves Willmengdeemed to have approved all Governmental Changes. Subject to the immediately preceding sentence, WespacTenant shall make no material changes to Tenant’s Plans and Specifications without Landlord’s reasonable written approval (in this particular regard, Jokake only structural changes or Xxxxxx as changes to the Contractorexterior facade of the Building shall be deemed to be “material”). Tenant’s Work shall be constructed in a good and workmanlike manner, if selected in accordance with Applicable Laws and in material conformity with Tenant’s Plans and Specifications, except where Landlord has given or is deemed to have given prior written approval for material modifications. Tenant shall diligently pursue the issuance of the Building Permit and agrees to respond, to the extent reasonable, to plan review comments from the Governmental Authorities within ten (10) days following the date such comments are received by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which keep Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance promptly informed of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in such plan review comments from the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the workGovernmental Authorities. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. (a) Tenant agreeswill coordinate with Landlord and Landlord's architect and engineer in the design development of Tenant's Plans. Tenant shall submit to Landlord for Landlord's approval, at its sole cost complete construction documents, which are plans and expensespecifications for the layout, through a space planner or architect selected by Tenant, improvement and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days (“Space Planner”), to furnish a space plan and specificationsfinish of the Demised Premises, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layoutplans, floor and wall finish plans, reflected ceiling plans, power, telephone, communications and data plans, construction detail sheets and millwork and millwork detail plans, showing the location of partitions, light fixtures, electrical outlets, telephone and communications outlets, data outlets, sprinklers, doors, equipment specifications (including floor loading concentrations such that Landlord can identify uses which result in a floor loading in excess of a live load of 100 pounds per square foot (80+20) design criteria within the Demised Premises, cooling requirements and power requirements identifying voltage, amps, phase, and special plugs and connections), wall finishes, floor coverings, other special weight, cooling or power requirements and other Tenant Improvements required by Tenant (collectively, "Tenant's Plans"). Landlord shall have the absolute right to require that the minimum quality of the construction and finish of any core area that is within the Demised Premises by Tenant be, at Tenant's sole cost, in compliance with, or of an overall quality equal to, the Building standard for such construction and finish, and Landlord agrees to reasonably consider and approve any requests by Tenant to substitute higher grade materials or finishes which are consistent with Tenant's decorating plans in the core area. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord (in-house or third party) in connection with Landlord's review of Tenant's Plans ("Review Fees"), within thirty (30) days after receipt of appropriate back up therefor. (b) Tenant's Plans shall be submitted to Landlord on or before May 1, 2001. (c) Tenant's Plans shall be prepared by a licensed architect reasonably acceptable to Landlord (if required by the nature of the improvements), shall be in a form adequate for Tenant to secure the approval of governmental authorities with jurisdiction over the approval thereof and shall be in a form meeting Landlord's reasonable requirements, provided that Tenant shall use engineers designated by Landlord for any portions of Tenant's Plans involving or affecting the structure of the Building or Building systems architects. Tenant's architect shall coordinate with Landlord's architect and engineer to make all of Tenant's Plans consistent with the plans and specifications for construction of the Building and the Demised Premises. Landlord's engineer shall have the right, during the design process, to review each phase of Tenant's design development and the development of Tenant's Plans, including all engineering capacity reports, to assure their compliance and coordination with the mechanical, electrical switches and locations structural elements of the Building. 1.2 Tenant's Plans shall be subject to Landlord's approval as follows: (a) Within four weeks after Landlord's initial review of Tenant's Plans (as to items not affected by engineering) or within two weeks after Landlord's engineering of such Tenant's Plans (as to items affected by engineering), Landlord shall give Tenant notice of all specified materials and methods of construction required in connection with the Tenant Improvements, the use of which would violate any applicable codes, rules, laws or regulations. Notwithstanding the other provisions of this Section 1.2, Landlord shall not be obligated to ascertain the existence of or notify Tenant of any such violations of applicable codes, rules laws or regulations and the parties agree that it is the responsibility of Tenant's architect to assure the compliance by Tenant with such codes, rules laws and regulations. Tenant shall have ten business days from the date of each such notice to make reasonable substitutions of such materials or methods of construction, provided the substitution of such is practical, taking into consideration the cost thereof. Such substitutions shall be subject to Landlord's approval, which approval shall not be unreasonably withheld and shall be given, or reasons for disapproval given, within ten (10) business days after receipt thereof. If Landlord's disapproval is based on the fact that the use of such materials or methods of construction would violate such applicable codes, rules, laws or regulations, then such disapproval shall be deemed reasonable. (b) If after the approval of the Final Plans (as defined below) and during procurement of the permit or during the course of construction, Landlord reasonably determines that the procurement of particular materials or construction of portions of the Tenant Improvements specified in the Final Plans will violate any applicable codes, rules, laws or regulations, then Landlord shall give notice thereof to Tenant, and Tenant shall have ten business days to either make substitutions of such materials and construction or dispute Landlord's assertion; any unresolved dispute may be resolved in the manner set forth in Article 35 of the Lease. Such substitutions must not themselves violate any applicable codes, rules, laws and regulations. (c) If Landlord disapproves Tenant's Plans, or any portion thereof within the four week or two week periods set forth in Section 1.2(a) hereof, Landlord shall notify Tenant thereof (within the applicable time period) and of the revisions which Landlord reasonably requires in order to obtain Landlord's approval. As part promptly as reasonably possible thereafter, Tenant shall submit to Landlord plans and specifications incorporating the revisions required by Landlord. Said revisions shall be subject to Landlord's approval. If Landlord disapproves the revised Tenant's Plans, Landlord shall so notify Tenant thereof within ten (10) business days of receipt thereof and of the further revisions Landlord reasonably requires in order to obtain Landlord's approval. The foregoing process shall be repeated until Landlord finally approves all Tenant's Plans required for the Tenant Improvements in all of the Premises, so that Landlord and Tenant have an agreed-upon set of final plans and specifications for the Tenant Improvements. The final Tenant Plans approved by Landlord are referred to as the "Final Plans." Approval by Landlord shall not be deemed to be a representation by Landlord as to the adequacy or correctness of the design of the Tenant Improvements. Landlord's approval of Tenant's Plans or any revisions thereto shall not be unreasonably withheld, and in connection therewith Landlord shall consider whether Tenant's Plans call for a build out that is consistent with a first class building. 1.3 All improvements described in the Final Plans shall be called "Tenant Improvements" and, subject to Section 2 hereof shall be constructed in the Building at Tenant's sole cost and expense. The Tenant Improvements shall be constructed by the Tenant Contractor, subject to the Tenant Allowanceprovisions of Section 4.1 hereof. All engineering required by Tenant's Plans and performed by Tenant's engineer shall be at Tenant's expense. Once completed, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, also be solely responsible for the Partial Premises design, function and maintenance of all Tenant Improvements, except as specifically provided otherwise in the Lease. 1.4 All space planning and interior decorating services such as the selection of wall paint colors and/or wall covering, fixtures, carpeting and any or all other decorator selection efforts required by Tenant shall be provided by Tenant at Tenant's expense. 1.5 Tenant, or Tenant's representative, shall secure all approvals of governmental authorities necessary to be a separate easily accessible permit the Tenant Contractor to procure all permits required by governmental authorities having jurisdiction over such approvals and readily marketable spacepermits for the Tenant Improvements, with Landlord's reasonable cooperation. Tenant shall cause the Tenant Contractor to commence construction of the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretionaccordance with Section 5.1 hereof upon issuance of all such necessary permits, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as assuming satisfaction of the Contractor, if selected by Tenantconditions described in Section 4.1. Tenant shall have pay for all permits, plan fees, licenses and other fees required to construct, install and use the right to competitively bid the construction to union or non-union contractorsTenant Improvements. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction 1.6 Within 60 days after substantial completion of the Tenant Improvements, Tenant shall submit to Landlord three (3) sets of "as-built" plans, incorporating all changes and/or revisions that have been made subsequent to the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination submission of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth Final Plans specified in Section 10 below1.2 above. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the work. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) exists.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agrees, at its sole cost and expense, through a space planner or architect selected by TenantXxxxxx Architectural Group, and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days Inc. (“Space Planner”), ) to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvementsand Landlord agree to utilize Willmeng Construction, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor Inc. (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Contractor for construction of the Tenant shall have the right to competitively bid the construction to union or non-union contractorsImprovements. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition; however, upon execution all interior design or decorating services, such as selection of wall paint colors and/or wall coverings, fixtures, carpeting, and delivery any or all other decorator or interior design services and extraordinary work required by Tenant of this Lease, Landlord agrees the Space Planner shall be paid by the Tenant at the time and to pay the extent the Space Planner has provided such services for the Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitationPlan, the Partial Premises) for an initial “test fit” space plan, in addition and such services shall not be reimbursed by Landlord to the Initial Tenant Allowance set forth in Section 10 belowand Landlord shall have no liability therefor. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the work. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable sole discretion, unless a Design Problem (as defined in which the Lease) existsLandlord agrees will not be unreasonably withheld.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agrees(a) Except to the extent otherwise provided in subparagraphs (b) and (c) of this paragraph, Landlord agrees to furnish at its sole cost and expense, through a space planner or architect selected by Tenantall architectural, mechanical, and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days (“Space Planner”), to furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) electrical engineering plans required for the performance of the work to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner"Building Standard Work") hereinbelow described, if selected by including complete detailed plans and specifications for Tenant. Tenant’s Space Plan shall include but not be limited to 's partition layout, reflected ceiling plansceiling, heating and air conditioning, electrical outlets, electrical outlets and switches and locations telephone outlets. Design services are limited to one schematic design plus one set of each thereof. As part revisions based on a review of the Tenant Improvements, subject to schematic design. Further revisions will be at the Tenant Allowance, Tenant expense of the Tenant. The layout shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx each of the parties hereto and attached to this Lease and shall become a part thereof and shall be described as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractorsExhibit "B". b. The Space Planner shall be responsible for providing (b) It is understood and agreed that Tenant will require work (hereinafter referred to Tenantas "Building Non-Standard Work") different from or in addition to said Building Standard Work. In such event, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the any architectural, mechanical, and electrical plans and plumbing drawings. specifications required shall be furnished, at Tenant's sole cost and expense to Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required 's office for such coordinationapproval. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan(c) It is understood and agreed that any interior decorating services, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In additionsuch as selection of special wall coverings, upon execution and delivery of this Leasefixtures, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performednon-building standard carpet, and any or all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed decorator items required by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any said work at or about the Premises by Contractor, any subcontractor or any other party required referred to be under the control of Contractor, hereinabove in subparagraphs (a) and shall provide comprehensive automobile liability insurance, (b) shall be primary at the Tenant's sole cost and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the workexpense. e. All (d) It is understood and agreed that all plans and specifications referred to hereinabove in Sections subparagraphs (a, b ) and c (b) are subject to the Landlord’s 's approval, which approval in its reasonable discretionshall not be unreasonably withheld. Tenant also agrees that, unless a Design Problem (as defined in the Lease) existswhen requested by Landlord's office, Tenant will furnish complete information respecting Tenant's requirements. Schematic plans will be approved by Tenant on or before October 27, 1983, with complete plans and specifications approved by Tenant on or before October 31, 1983.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agrees(A) Tenant, at its Tenant's sole cost and expense, through a space planner or except as otherwise provided herein, shall cause Tenant's architect selected and Landlord's MPE engineer(s) to prepare complete, finished architectural plans and specifications in sufficient detail as to heat loads, ventilation, electrical loads and plumbing requirements for preparation of HVAC, mechanical, electrical, plumbing, fire protection, structural and telephone drawings by other professionals engaged by Tenant, including all dimensions and approved specifications for all work to be performed in the Premises as tenant improvements (collectively "TENANT'S PLANS"). (B) Tenant's Plans shall include all information which may be required by Landlord Landlord's engineers in Landlord’s reasonable discretion given within five connection with mechanical plans, including but not limited to the following: (1) Any special floor loading conditions which may exceed the structural weights limits of any floor; (2) Specifications of any heat emanating equipment to be installed by Tenant which may require special air conditioning; (3) Telephone specifications and electrical specifications of any equipment that requires additional electrical power or outlets; (4) Complete specifications of any dataline wiring required, including routing, conduit size, cable type and similar items. (5) Furniture plans (including locations of files) showing details of space occupancy; (6) Reflected ceiling plans; (7) Partition and door location plans; (8) Fire safety plans; (9) Detail and finish plans and schedules, together with specifications for any "TENANT'S WORK" (as hereinafter defined) to be performed in the Premises; and (10) Plans for any stairwell to be constructed in the Premises. (C) Tenant's Plans are expressly subject to Landlord's prior written approval. Landlord shall, within ten (10) business days after submission of any of Tenant's Plans, either (“Space Planner”)i) approve Tenant's Plans as submitted, or (ii) advise Tenant of the changes required in Tenant's Plans in order to furnish meet Landlord's requirements. If Landlord does not respond to Tenant within said ten (10) business day period, then Tenant's Plans shall be deemed approved as submitted. Neither review nor approval by Landlord of any of Tenant's Plans shall constitute a representation or warranty by Landlord that Tenant's Plans are complete or suitable for their intended purpose, or comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability to Tenant or to any other person or entity for such completeness, suitability or compliance. (D) Tenant shall make no material changes in Tenant's Plans after approval thereof by Landlord without the prior written consent of Landlord. (E) Tenant's preliminary space plan plans have been delivered to Landlord. Tenant's final mechanical and engineering plans and specifications, including and final architectural plans shall be delivered to Landlord on or before four (4) weeks after the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance date of the work Lease. Revised plans incorporating any changes requested by Landlord shall be resubmitted to construct the improvements Landlord within ten (10) business days after notice of disapproval is delivered to the building desired Tenant. (F) All requests by Tenant (hereinafter referred to for reimbursement of expenses as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord provided in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner this Workletter shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises paid: (including without limitation, the Partial Premisesi) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and suppliers. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification days after Landlord's receipt of such coverage; provided howeverwritten request, if the insurer is unable accompanied by invoices or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice other appropriate documentation reasonably satisfactory to Landlord not less than twenty which evidences the actual charges incurred by Tenant pursuant to subparagraph (20E) days prior to any cancellation above; or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00ii) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s)in accordance with the construction escrow agreement in the form attached hereto as Schedule A, if applicable, as additional insured parties and shall each cover any occurrence caused by . All costs in excess of the maximum reimbursements specified herein or occurring because of activities or failure to properly and safely perform the work. e. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) existsLease shall be paid by Tenant.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agreeswill submit to Landlord a request for Tenant Improvements describing the desired improvements to the Premises (the “Preliminary Plans”). In the event the Tenant Improvements require a space layout and improvement plan, as determined by Landlord in Landlord’s sole and absolute discretion, Tenant, at its sole cost and expense, through a space planner or architect selected by TenantXxxx Xxxxxxx at the firm Extollo Design, and approved by Landlord in Landlord’s reasonable discretion given within five (5) business days LLC (“Space Planner”), to ) shall furnish a space plan and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work to construct the improvements to the building Premises desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, plans and electrical outlets, electrical switches and locations telephone outlets and locations. Tenant shall provide Landlord with a complete finish schedule of each thereof. As part all materials used in the construction of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the contractor(s) selected and designated by Tenant to construct the Tenant Improvements (“Contractor”). Such Contractor must be approved by Landlord prior to performance of any work or furnishing of any materials or equipment, which approvals will not be unreasonably withheld, delayed, or conditioned. The Space Planner shall be responsible for completion and coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to expediently provide all information required for such coordination. c. To the extent Tenant shall be responsible elects to pay the engage a Space Planner’s fees Planner for the Tenant’s Space Plan, which Landlord the fees for such will reimburse Tenant by charging said reimbursement against be paid from the Tenant Allowance provided under this Agreement. In additionWork Letter; however, upon execution all interior design or decorating services, such as selection of wall paint colors and/or wall coverings, fixtures, carpeting, and delivery any or all other decorator or interior design services and extraordinary work required by Tenant of this Lease, Landlord agrees the Space Planner (“Tenant Extra Work”) shall be paid by the Tenant at the time and to pay the extent the Space Planner has provided such services for the Tenant’s Space Planner $0.12 per RSF of Plans, and such amounts paid by Tenant for interior design or decorating services shall not be reimbursed by Landlord, from the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 belowor otherwise and Landlord shall have no liability therefor. d. All plans and specifications referred to hereinabove in Sections a, b and c are subject to the Landlord’s approval, which the Landlord agrees will not be unreasonably withheld. e. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or and under the control of the Contractor or other consultants selected by TenantContractor. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant. Landlord shall use its reasonable discretion in approving Tenant’s choice of contractors, subcontractors and supplierswhich approvals will not be unreasonably withheld, delayed, or conditioned. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant)coverage, liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required contributing and shall provide for the insurer to maintain hereunder shall include a provision which requires the insurance carrier endeavor to give provide written notice to Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation cancellation, expiration or modification of such coverage. The minimum amount of such insurance coverage shall be One Million Dollars two million dollars ($1,000,000.002,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars three hundred thousand dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and LandlordXxxxxxxx’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the work. Tenant may self- insure any of the foregoing insurance coverages. e. All f. Notwithstanding the foregoing, should Landlord determine, in its sole discretion, that a space plan is not required to complete the Tenant Improvements, Tenant shall submit to Landlord a detailed scope of the improvement plans and specifications referred to hereinabove in Sections a, b and c are subject to (the “Minimal Tenant Improvement Scope”) for Landlord’s approval in its reasonable discretion, unless a Design Problem (as defined in the Lease) existsreview and approval.

TENANT'S PLANS AND SPECIFICATIONS. a. Tenant agreesshall prepare and present to Landlord plans and specifications for the work to be done as shall be required to finish the Leased Premises in accordance with Tenant's needs and desires ("Work Letter Agreement") attached hereto as Exhibit "E" and incorporated herein by reference. Such Tenant Work shall include only costs for actual improvements and fixtures to Landlord's Project and shall not include expenditures for Tenant's trade fixtures, at its sole cost equipment, moving expense or similar items not constituting permanent improvements to Landlord's Project. Such plans and expense, through a space planner or architect selected by Tenant, and approved by Landlord in specifications shall be subject to Landlord’s reasonable discretion given within five (5) business days (“Space Planner”), to furnish a space plan 's written approval. In the event such plans and specifications, including the space layout and improvement plan for the Premises (“Tenant’s Space Plan”) required for the performance of the work as submitted, fail to construct the improvements to the building desired by Tenant (hereinafter referred to as the “Tenant Improvements”). Landlord hereby approves RSP Architects as the Space Planner, if selected by Tenant. Tenant’s Space Plan shall include but not be limited to partition layout, reflected ceiling plans, electrical outlets, electrical switches and locations of each thereof. As part of the Tenant Improvements, subject to the Tenant Allowance, Tenant shall construct the demising wall, multi-tenant corridor and vestibule, if necessary, for the Partial Premises to be a separate easily accessible and readily marketable space. Tenant shall cause the Tenant Improvements to be constructed by a contractor (“Contractor”) selected by Tenant and approved by Landlord in meet with Landlord’s reasonable discretion, given within five (5) business days. Landlord hereby approves Willmeng, Wespac, Jokake or Xxxxxx as the Contractor, if selected by Tenant. Tenant shall have the right to competitively bid the construction to union or non-union contractors. b. The Space Planner shall be responsible for providing to Tenant, with a copy to Landlord, a complete set of construction drawings and documents, including Tenant’s Space Plan, which are permit ready and have completed plan check by the government agency having jurisdiction, for construction of the Tenant Improvements, the quantity and description of materials, equipment and other items required for bidding by the Contractor. The Space Planner shall be responsible for coordination of the architectural, mechanical, electrical and plumbing drawings. Landlord, Tenant and Contractor shall cooperate to the best of their ability to provide all information required for such coordination. c. Tenant shall be responsible to pay the Space Planner’s fees for the Tenant’s Space Plan, which Landlord will reimburse Tenant by charging said reimbursement against the Tenant Allowance provided under this Agreement. In addition, upon execution and delivery of this Lease, Landlord agrees to pay Tenant’s Space Planner $0.12 per RSF of the entire Premises (including without limitation, the Partial Premises) for an initial “test fit” space plan, in addition to the Initial Tenant Allowance set forth in Section 10 below. d. All work shall be performed, and all materials and equipment shall be supplied by suppliers, by or under the control of the Contractor or other consultants selected by Tenant. Such contractors, subcontractors and suppliers must be reasonably approved by Landlord within five (5) business days prior to performance of any work or furnishing of any materials or equipment. Landlord hereby approves Xxxxxxx Consulting Engineers if selected by Tenant's immediate approval. Landlord shall use its reasonable discretion promptly notify Tenant of those particular matters to which Landlord objects and how the same may be amended or corrected in approving Tenant’s choice of contractors, subcontractors and suppliersorder to meet with Landlord's approval. Any contractor or subcontractor employed by Tenant shall be commercially licensed, bonded and insured in the State of Arizona. Before the commencement Upon receipt of any work by Contractor, Tenant shall provide Landlord with copies of Tenant’s and Contractor’s applicable insurance policies. At a minimum, such policies shall include builder’s all-risk coverage (unless maintained by Tenant), liability for death, personal injury and property damage arising out of the performance of any work at or about the Premises by Contractor, any subcontractor or any other party required to be under the control of Contractor, and shall provide comprehensive automobile liability insurance, shall be primary and non-contributing. Any insurance which Tenant is required to maintain hereunder shall include a provision which requires the insurance carrier to give Landlord not less than thirty (30) days’ written notice prior to any cancellation or modification of such coverage; provided however, if the insurer is unable or unwilling to provide such notice to from Landlord, Tenant shall be required to provide notice to Landlord not less than twenty (20) days prior to any cancellation or modification of promptly cause such coverage. The minimum amount of such insurance coverage shall be One Million Dollars ($1,000,000.00) per occurrence for personal injury or property damage and Three Hundred Thousand Dollars ($300,000.00) for automobile liability. Said policies shall each name Landlord and Landlord’s lender(s), if applicable, as additional insured parties and shall each cover any occurrence caused by or occurring because of activities or failure to properly and safely perform the work. e. All plans and specifications referred to hereinabove be revised in Sections asuch manner as shall be requisite to obtaining Landlord's final approval of the same, b which revised plans shall be forthwith submitted for Landlord's approval. When Landlord and c are subject Tenant have finally approved Tenant's Plans and Specifications, Landlord hereby expressly reserving the right, in Landlord's reasonable discretion and judgment, to approve all Tenant finish work, which approval shall not be unreasonably withheld or delayed, the same shall become a part hereof and shall be incorporated herein by reference for all purposes as Exhibit "F". Landlord shall pay without reimbursement, from Tenant, up to, but not in excess of the amount specified in the basic lease information for improvements to the Landlord’s approval Leased Premises. Any costs in its reasonable discretion, unless a Design Problem (as defined in excess of this allowance of the Lease) existsTenant Finish Allowance shall be paid directly by Tenant.