Common use of Tenant’s Space Plans Clause in Contracts

Tenant’s Space Plans. Tenant shall cause the TI Architect to prepare and deliver to Landlord for review and comment space plans, specifications and drawings for the Tenant Improvements (“TI Conceptual Drawings”). Tenant shall be solely responsible for ensuring that the TI Conceptual Drawings reflect Tenant’s requirements for the Tenant Improvements. Landlord shall deliver its written comments on the TI Conceptual Drawings to Tenant not later than ten (10) business days after Landlord’s receipt of the same. If Landlord fails to notify Tenant of Landlord’s approval or approval with comments of the TI Conceptual Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the TI Conceptual Drawings and contains 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.

Tenant’s Space Plans. Tenant shall cause the TI Architect to prepare and deliver to Landlord for review schematic drawings and comment space plans, outline specifications and drawings for (the Tenant Improvements (“TI Conceptual Design Drawings”). Tenant shall be solely responsible for ensuring that the TI Conceptual Drawings reflect ) detailing Tenant’s requirements for the Tenant ImprovementsImprovements 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 the TI Architect with regard to the TI Design Drawings. Tenant shall cause the 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 approved the TI Design Drawings. Subject to the provisions of this Section 2, Landlord approves of the Tenant Improvements as described in Schedule 2 of this Work Letter for the first, second and third floors (with the 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 deliver its written comments on respond to any request for approval in this Work Letter within the TI Conceptual Drawings to Tenant not later than ten (10) time period set forth herein, or if no time period is specified, within 5 business days after Landlord’s receipt of the samedays. If Landlord fails to notify Tenant of Landlord’s approval or approval with comments of respond within the TI Conceptual Drawings within such ten (10) business day required time period, Tenant shall have the right to provide Landlord with may submit a second written request to Landlord for approval (a “Second Request”) which notice shall specifically describe the approval being sought and state that specifically identifies the TI Conceptual Drawings and contains 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 Landlord’s failure to respond to such Second Request within five (5) 5 business days after receipt by Landlord, the TI Conceptual Drawings shall be deemed approved by to constitute Landlord. ’s approval of the matter in question and that from the date Landlord’s approval was due until the earlier of Landlord’s response or 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 and notifying Landlord of the TI Architect shall consider all existence of 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.Delay

Tenant’s Space Plans. Landlord and Tenant shall cause acknowledge and agree that the space plan prepared by the TI Architect attached to prepare the Lease as Exhibit G (the “Space Plan”) has been approved by both Landlord and deliver to Landlord Tenant for review and comment space plans, specifications and drawings for the purposes of the design of the Tenant Improvements and the Building Shell Improvements (“TI Conceptual Drawings”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 TI Conceptual Drawings reflect design and specifications for the Building Shell Improvements and the Tenant Improvements are consistent with Tenant’s requirements for the Tenant Improvementsrequirements. Landlord shall deliver 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 written comments on the TI Conceptual Drawings obligation to Tenant not later than ten (10) business days after perform Landlord’s receipt Work, Landlord shall not have any obligation whatsoever with respect to the finishing of the same. If Landlord fails to notify Tenant of LandlordPremises for Tenant’s approval or approval with comments of the TI Conceptual Drawings within such ten (10) business day period, Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the TI Conceptual Drawings use and contains 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 DRAWINGSoccupancy.” 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.

Tenant’s Space Plans. Tenant shall cause The plan prepared by the TI Architect to prepare attached hereto as Schedule 1 (the “Space Plans”) and deliver to Landlord for review and comment space plans, the tenant improvement specifications and drawings for the Tenant Improvements attached hereto as Schedule 2 (the “TI Conceptual DrawingsSpecifications”)) have been approved by both Landlord and Tenant. Landlord and Tenant further acknowledge and agree that any changes to the Space Plans or the TI Specifications constitute a Change Request the cost of which changes shall be paid for by Tenant. Tenant shall be solely responsible for ensuring all costs incurred by Landlord to alter the Building as a result of Tenant’s requested changes. Tenant acknowledges that the TI Conceptual Drawings reflect Tenant Improvements reflected on the Space Plans attached hereto as Schedule 1 are intended to be high quality, generic and reusable by future tenants of the Premises. Tenant shall be permitted to make changes to the Tenant Improvements 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 the 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. Landlord shall deliver its written comments on the TI Conceptual Drawings to Tenant not later than ten (10) business days after Landlord’s receipt of the same. If Landlord fails to notify Tenant of Landlord’s approval or approval with comments of the TI Conceptual Drawings within such ten (10) business day periodImprovements estimates, Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the TI Conceptual Drawings and contains 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 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 be required, at Tenant’s sole cost and shallexpense prior to the expiration or earlier termination of the Term, within ten (10) business days after receiptto complete the Restoration Work as an Alteration pursuant to Section 12 of the Lease, notify Landlord how so the affected portions of the Premises contain the Tenant proposes Improvements that they would have contained pursuant to respond the Space Plans attached hereto as Schedule 1 but for the Significant Changes, and Tenant shall be required to obtain a certificate of occupancy with respect to such comments. Any disputes in connection with such comments shall be resolved in accordance with Section 2(e) hereof.Restoration Work