Common use of Tenant’s Space Plans Clause in Contracts

Tenant’s Space Plans. Landlord and Tenant acknowledge and agree that the space plan prepared by the TI Architect attached to the Lease as Exhibit G (the “Space Plan”) has been approved by both Landlord and Tenant for the purposes of the design of the Tenant Improvements and the Building Shell Improvements (subject to the Elevator Drawings for the design and location of the passenger and freight elevators to be constructed as part of the Building Shell Improvements). Landlord and Tenant further acknowledge and agree that any Changes to the Space Plan requested by Tenant shall only be made pursuant to a Tenant-executed Change Request (as defined in Section 4(a) of this Work Letter), the cost of which shall be paid for by Tenant from the TI Fund. Tenant shall be solely responsible for all costs incurred by Landlord to alter the Building as a result of such a Change Request (which may be funded from the TI Fund). Notwithstanding Landlord’s approval of the Space Plan or its future approval of the Working Drawings, Tenant shall be solely responsible for ensuring that the design and specifications for the Building Shell Improvements and the Tenant Improvements are consistent with Tenant’s requirements. Landlord shall have no obligation to, and shall not, secure any permits, approvals or entitlements related to Tenant’s specific use of the Premises or Tenant’s business operations therein. Other than its obligation to perform Landlord’s Work, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy.

Tenant’s Space Plans. Landlord and Tenant acknowledge and agree that the space The plan prepared by the TI Architect attached to the Lease hereto as Exhibit G Schedule 1 (the “Space PlanPlans”) has and the tenant improvement specifications for the Tenant Improvements attached hereto as Schedule 2 (the “TI Specifications”) have been approved by both Landlord and Tenant for the purposes of the design of the Tenant Improvements and the Building Shell Improvements (subject to the Elevator Drawings for the design and location of the passenger and freight elevators to be constructed as part of the Building Shell Improvements)Tenant. Landlord and Tenant further acknowledge and agree that any Changes changes to the Space Plan requested by Tenant shall only be made pursuant to Plans or the TI Specifications constitute a Tenant-executed Change Request (as defined in Section 4(a) of this Work Letter), the cost of which changes shall be paid for by Tenant from the TI FundTenant. Tenant shall be solely responsible for all costs incurred by Landlord to alter the Building as a result of such a Change Request (which may Tenant’s requested changes. Tenant acknowledges that the Tenant Improvements reflected on the Space Plans attached hereto as Schedule 1 are intended to be funded from the TI Fund). Notwithstanding Landlord’s approval high quality, generic and reusable by future tenants of the Space Plan or its future approval of the Working Drawings, Premises. Tenant shall be solely responsible for ensuring that the design and specifications for the Building Shell Improvements and permitted to make changes to the Tenant Improvements are consistent with by submitting Change Request(s) as provided for in this Work Letter. However, if Landlord reasonably determines that Tenant’s requirements. Change(s) result in significant modifications (“Significant Changes”) to the Space Plans attached hereto as Schedule 1, Landlord shall have no obligation tothe right, as a condition to approving such Change(s) and in addition to requiring Tenant to pay for such Change(s) as Excess TI Costs, to require Tenant to increase the amount of the Letter of Credit by the amount which the general contractor for the Tenant Improvements estimates, in good faith using similar market comparables, would be required at the expiration of the Term of the Lease to construct Tenant Improvements in the Premises shown on the Space Plans attached hereto as Schedule 1 in place of the Tenant Improvements that are being constructed as a result of such Significant Changes (collectively, the “Restoration Work”). Tenant shall notbe required, secure any permits, approvals or entitlements related to at Tenant’s specific use sole cost and expense prior to the expiration or earlier termination of the Term, to complete the Restoration Work as an Alteration pursuant to Section 12 of the Lease, so the affected portions of the Premises or Tenant’s business operations therein. Other than its obligation contain the Tenant Improvements that they would have contained pursuant to perform Landlord’s Workthe Space Plans attached hereto as Schedule 1 but for the Significant Changes, Landlord and Tenant shall not have any obligation whatsoever be required to obtain a certificate of occupancy with respect to the finishing of the Premises for Tenant’s use and occupancy.such Restoration Work

Tenant’s Space Plans. Tenant shall deliver to Landlord schematic drawings and outline specifications (the “TI Design Drawings”) detailing Tenant’s requirements for the Tenant Improvements within 90 days of the date hereof. Not more than 7 days thereafter, Landlord shall deliver to Tenant the written objections, questions or comments of Landlord and Tenant acknowledge and agree that the space plan prepared by the TI Architect attached with regard to the Lease as Exhibit G (TI Design Drawings. Tenant shall cause the “Space Plan”) TI Design Drawings to be revised to address such written comments and shall resubmit said drawings to Landlord for approval within 30 days thereafter. Such process shall continue until Landlord has been approved by both the TI Design Drawings. Subject to the provisions of this Section 2, Landlord and Tenant for the purposes of the design approves of the Tenant Improvements and the Building Shell Improvements (subject to the Elevator Drawings for the design and location of the passenger and freight elevators to be constructed as part of the Building Shell Improvements). Landlord and Tenant further acknowledge and agree that any Changes to the Space Plan requested by Tenant shall only be made pursuant to a Tenant-executed Change Request (as defined described in Section 4(a) Schedule 2 of this Work Letter)Letter for the first, second and third floors (with the cost of understanding the third floor will be the same as the second floor) and shall not unreasonably withhold its consent to the TI Design Drawings or TI Construction Drawings to the extent consistent therewith. Landlord shall respond to any request for approval in this Work Letter within the time period set forth herein, or if no time period is specified, within 5 business days. If Landlord fails to respond within the required time period, Tenant may submit a second written request to Landlord for approval which notice shall specifically describe the approval being sought and state that Landlord’s failure to respond within 5 business days shall be paid for by Tenant from the TI Fund. Tenant shall be solely responsible for all costs incurred by Landlord deemed to alter the Building as a result of such a Change Request (which may be funded from the TI Fund). Notwithstanding constitute Landlord’s approval of the Space Plan matter in question and that from the date Landlord’s approval was due until the earlier of Landlord’s response or its future approval the expiration of such 5 business day period shall constitute a Landlord Delay (as defined below); provided, however, that in no event shall the Landlord Delay actually commence unless and until Landlord’s receives written notice from Tenant notifying Landlord of the Working Drawings, Tenant shall be solely responsible for ensuring that the design and specifications for the Building Shell Improvements and the Tenant Improvements are consistent with Tenant’s requirements. existence of such Landlord shall have no obligation to, and shall not, secure any permits, approvals or entitlements related to Tenant’s specific use of the Premises or Tenant’s business operations therein. Other than its obligation to perform Landlord’s Work, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises for Tenant’s use and occupancy.Delay

Tenant’s Space Plans. Landlord and Tenant acknowledge and agree that the space plan prepared by shall cause the TI Architect attached to the Lease as Exhibit G (the “Space Plan”) has been approved by both prepare and deliver to Landlord for review and Tenant comment space plans, specifications and drawings for the purposes of the design of the Tenant Improvements and the Building Shell Improvements (subject to the Elevator Drawings for the design and location of the passenger and freight elevators to be constructed as part of the Building Shell Improvements“TI Conceptual Drawings”). Landlord and Tenant further acknowledge and agree that any Changes to the Space Plan requested by Tenant shall only be made pursuant to a Tenant-executed Change Request (as defined in Section 4(a) of this Work Letter), the cost of which shall be paid for by Tenant from the TI Fund. Tenant shall be solely responsible for all costs incurred by Landlord to alter the Building as a result of such a Change Request (which may be funded from the TI Fund). Notwithstanding Landlord’s approval of the Space Plan or its future approval of the Working Drawings, Tenant shall be solely responsible for ensuring that the design and specifications TI Conceptual Drawings reflect Tenant’s requirements for the Building Shell Improvements and the Tenant Improvements are consistent with Tenant’s requirementsImprovements. Landlord shall have no obligation to, and shall not, secure any permits, approvals or entitlements related deliver its written comments on the TI Conceptual Drawings to TenantTenant not later than ten (10) business days after Landlord’s specific use receipt of the Premises or Tenant’s business operations thereinsame. Other than its obligation If Landlord fails to perform notify Tenant of Landlord’s Work, Landlord shall not have any obligation whatsoever approval or approval with respect to the finishing comments of the Premises TI Conceptual Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for Tenant’s use approval (a “Second Request”) that specifically identifies the TI Conceptual Drawings and occupancycontains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL PURSUANT TO THE PROVISIONS OF SECTION 2(b) OF THE WORK LETTER ATTACHED TO THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE TI CONCEPTUAL DRAWINGS.” If Landlord fails to respond to such Second Request within five (5) business days after receipt by Landlord, the TI Conceptual Drawings shall be deemed approved by Landlord. Tenant and the TI Architect shall consider all such comments in good faith and shall, within ten (10) business days after receipt, notify Landlord how Tenant proposes to respond to such comments. Any disputes in connection with such comments shall be resolved in accordance with Section 2(e) hereof.