Common use of Building Shell Clause in Contracts

Building Shell. Landlord shall perform the following Building shell work at -------------- Landlord's sole cost and expense: (a) Building standard VAV system, rigid duct work, perimeter slot diffusers (excluding internal zone flex duct and supply grills). (b) Building standard window treatments. (c) Building standard ceiling grid installed with 2 x 4 ceiling tile stacked on the floor and 2 x 4 parabolic light fixtures at a ratio of 1 per 90 usable square feet stacked on the floor. (d) Sprinkler heads installed at 1 per 225 usable square feet. (e) All Building common areas installed. EXHIBIT E ACCEPTANCE OF PREMISES MEMORANDUM This Acceptance of Premises Memorandum is being executed pursuant to that certain Lease Agreement (the "Lease") dated the 4th day of August, 1998, between B. O. III, Ltd., a Texas limited partnership ("Landlord"), and VIGNETTE, INC., a Delaware corporation ("Tenant"), pursuant to which Landlord leased to Tenant and Tenant leased from Landlord certain space in the office building located at 901 S. Mopac Expressway, Building III, in Austin, Texas (the "Building"). Landlord and Tenant hereby agree that: 1. Except for the Punch List Items (as shown on the attached Punch List), Landlord has fully completed the construction work required under the terms of the Lease and the Work Letter attached thereto. 2. The Premises are tenantable, Landlord has no further obligation for construction (except with respect to Punch List Items) and Tenant acknowledges that the Building, the Premises and Tenant's Improvements are satisfactory in all respects, except for the Punch List Items and are suitable for the Permitted Use. 3. The Commencement Date of the Lease is _______________________, _____.If the date set forth in Item 6 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 6 of the Basic Lease Provisions is hereby amended to be the Commencement Date set forth in the preceding sentence. 4. The Expiration Date of the Lease is _______________, ____. If the date set forth in Item 7 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 7 of the Basic Lease Provisions is hereby amended to be the Expiration Date set forth in the preceding sentence. 5. Tenant acknowledges receipt of the current Rules and Regulations for the Building. 6. Tenant represents to Landlord that Tenant has obtained a Certificate of Occupancy covering the Premises. 7. Tenant's telephone number at the Premises is ________________________. Tenant's facsimile number at the Premises is ___________________________. 8. All capitalized terms not defined herein shall have the meaning assigned to them in the Lease. Agreed and Executed this ________ day of ___________________, _______. LANDLORD

Building Shell. Landlord shall perform construct the following "Building shell work Shell," (as hereafter defined) at -------------- Landlord's its sole cost and expense: expense (a) Building standard VAV systemexcept for any increased costs caused by Tenant Delays, rigid duct work, perimeter slot diffusers (excluding internal zone flex duct and supply grills). (b) Building standard window treatments. (c) Building standard ceiling grid installed with 2 x 4 ceiling tile stacked on the floor and 2 x 4 parabolic light fixtures at a ratio cost of 1 per 90 usable square feet stacked on the floor. (d) Sprinkler heads installed at 1 per 225 usable square feet. (e) All Building common areas installed. EXHIBIT E ACCEPTANCE OF PREMISES MEMORANDUM This Acceptance of Premises Memorandum is being executed pursuant to that certain Lease Agreement (the "Lease") dated the 4th day of August, 1998, between B. O. III, Ltd., a Texas limited partnership ("Landlord"which shall be paid by Tenant), and VIGNETTETenant shall accept the Building Shell from landlord in its "as is" condition upon delivery of possession to Tenant, INC., a Delaware corporation ("Tenant"), pursuant subject to which Landlord leased to Tenant and Tenant leased from Landlord certain space in the office building located at 901 S. Mopac Expressway, Building III, in Austin, Texas (the "Building"). Landlord and Tenant hereby agree that: 1. Except for the Punch List Items (as shown on the attached Punch List), Landlord has fully completed the construction work required under the terms of the Lease and the Work Letter attached thereto. 2. The Premises are tenantable, Landlord has no further obligation for construction (except with respect to Punch List Items) conditions hereof and Tenant acknowledges that the Building, the Premises and Tenant's Improvements are satisfactory in all respects, except for the Punch List Items and are suitable for the Permitted Use. 3. The Commencement Date of the Lease is _______________________, _____.If the date set forth in Item 6 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 6 of the Basic Lease Provisions is hereby amended to be the Commencement Date set forth in the preceding sentence. 4. The Expiration Date of the Lease is _______________, ____. If the date set forth in Item 7 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 7 of the Basic Lease Provisions is hereby amended to be the Expiration Date set forth in the preceding sentence. 5. Tenant acknowledges receipt of the current Rules and Regulations for the Building. 6. Tenant represents to Landlord that Tenant has obtained a Certificate of Occupancy covering the Premises. 7. Tenant's telephone number at the Premises is ________________________. Tenant's facsimile number at the Premises is ___________________________. 8. All capitalized terms not defined herein shall have the meaning assigned to them in the Lease. Agreed The "Building Shell" shall consist only of a concrete tilt-up light industrial building shell comprised of hard-troweled finished concrete floors and Executed outside surfaces of exterior walls; roof with exposed trusses; no HVAC or electrical distribution other than a main electrical panel and meter adequate to provide 8 watt▇ ▇▇ electricity per rentable square foot of the Premises (exclusive of HVAC); water-tight and weather-resistant as of the date of delivery; with utilities stubbed to the Premises. Landlord's architect shall prepare plans and specifications ("Building Plans and Specifications") for the construction of the Building Shell substantially in accordance with the preliminary schematics and space plan ("Preliminary Plans") which shall be mutually approved by Landlord and Tenant, each party's approval shall not be unreasonably withheld. Once the Preliminary Plans are submitted to Tenant for its approval, Tenant shall have five (5) business days to provide its written approval or reasonable disapproval. If the Preliminary Plans are reasonably disapproved by Tenant, Landlord's architect shall make the revisions and resubmit the Preliminary Plans to Tenant. Once resubmitted to Tenant, Tenant shall have three (3) business days to approve or reasonably disapprove in writing the resubmitted Preliminary Plans. If Landlord and Tenant cannot in good faith mutually agree on the Preliminary Plans by July 1, 2000, Tenant may terminate this ________ day Lease upon written notice to Landlord within ten (10) days thereafter, in which event neither party shall have any further obligations or liability hereunder. If written cancellation is not received by Landlord within such ten (10)-day period, Tenant's right to cancel this Lease shall terminate and be of ___________________no further force or effect. The Building Shell shall be completed by Landlord (i) in accordance with the Building Plans and Specifications; (ii) all applicable local, _______. LANDLORDstate and federal, laws, codes, statutes, rules, and regulations; (iii) subject only to minor punch-list items as reasonably agreed to by Landlord's architect and Tenant's architect as a result of walk-through of the Building following substantial completion of the Building Shell.

Building Shell. Notwithstanding anything to the contrary contained herein, Landlord shall perform be solely responsible (and no part of such work shall be charged as part of the Finish Allowance) for the costs associated with providing the Building shell, which shall include, but not be limited to, the following Building shell work at -------------- Landlord's sole cost and expensework: (a) Building standard VAV system, rigid duct work, perimeter slot diffusers (excluding internal zone flex duct and supply grills). (b) Building standard window treatments. (c) Building standard ceiling grid installed with 2 x 4 ceiling tile stacked on the floor and 2 x 4 parabolic light fixtures at a ratio of 1 per 90 usable square feet stacked tiles stocked on the floor. (b) Fire sprinklers, configured to a minimum standard layout of one sprinkler head per 225 useable square feet, or other configuration to be compliant with building code at that time. (c) HVAC systems, configured to minimum Building standard requirements which are existing and operational, including high and medium pressure ducts. Perimeter VAV boxes only will be installed with thermostats. (d) Sprinkler heads installed at 1 Electrical panels both high and low voltage, with available circuit space in a ratio commensurate with the area of the floor (full) to be occupied by the Tenant, are existing and operational. Electrical capacity shall be 4 ▇▇▇▇▇ per 225 usable square feetfoot on each floor net of all Building systems with an additional 3 ▇▇▇▇▇ per useable square foot available for Tenant’s use. (e) All Building common Window treatments are installed throughout. (f) Common areas installed(elevator lobbies and restrooms) are finished and clean. EXHIBIT E ACCEPTANCE OF PREMISES MEMORANDUM This Acceptance Exhibit is attached to and a part of Premises Memorandum is being executed pursuant to that certain Lease Agreement (the "Lease") dated the 4th day of Augustexecuted by and between 3900 SAN CLEMENTE, 1998, between B. O. III, Ltd.L.P., a Texas limited partnership ("“Landlord"”), and VIGNETTEBAZAARVOICE, INC., a Delaware corporation ("“Tenant"”), pursuant to which Landlord leased to Tenant and Tenant leased from Landlord certain space in the office building located at 901 S. Mopac Expressway, Building III3900 N. Capital of Texas Highway, in Austin, Texas (the "“Building"”). Landlord and Tenant hereby agree that: 1. Except for the Punch List Items (as shown on the attached Punch List), Landlord has fully completed the construction work required under the terms of the Lease and the Work Letter attached thereto. 2. The Premises are tenantable, Landlord has no further obligation for construction of Tenant’s Improvements (except with respect to Punch List Items) and Tenant acknowledges that that, except as may otherwise be objected to by Tenant in accordance with the terms of the Lease, the Building, the Premises and Tenant's ’s Improvements are satisfactory in all respects, except for the Punch List Items and are suitable for the Permitted Use. 3. The Commencement Date of the Lease is _______________________, _____.If . If the date set forth in Item 6 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 6 of the Basic Lease Provisions is hereby amended to be the Commencement Date set forth in the preceding sentence. 4. The Expiration Date of the Lease is _______________, ____. If the date set forth in Item 7 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 7 of the Basic Lease Provisions is hereby amended to be the Expiration Date set forth in the preceding sentence. 5. Tenant acknowledges receipt of the current Rules and Regulations for the Building. 6. Tenant represents to has received from Landlord that Tenant has obtained a Certificate of Occupancy covering the Premises. 7. Tenant's ’s telephone number at the Premises is ________________________. Tenant's ’s facsimile number at the Premises is ___________________________. 8. All capitalized terms not defined herein shall have the meaning assigned to them in the Lease. Agreed and Executed this ________ day of ___________________, _______. LANDLORD

Building Shell. GENERAL REQUIREMENTS The Building Shell shall include the design and construction of exterior site work, utility lines installed to the building (other than electric lines as described below), landscaping, parking and track court areas, building foundation systems and slab, walls, and roof system. The total area of the shell and building pad area will be as shown on the Final Plans previously sent to and approved by Tenant. The Building Shell shall exclude all interior improvements and related design fees unless otherwise noted herein. CLEAR HEIGHT The clear height of the Building shall be 24' 0" to the bottom of the deepest structural membrane. LANDSCAPING The Building Shell shall include landscaping as determined by Landlord; however, with respect to the Detention Pond area, the Building Shell shall include landscaping substantially similar to that shown by the Detention Pond Landscape Plan previously agreed upon by Landlord and Tenant. CONCRETE SLAB FLOOR Flatness and levelness criteria of the flat areas (areas other than those requiring drams and curvature) of the floor shall perform conform to the following Building shell work criteria: Floor Flatness: F(F)-25 minimum Floor Levelness: F(L)-25 minimum Concrete slab floors shall be reinforced with a mat of deformed reinforcing bars placed at -------------- Landlord's sole cost mid-depth of the slab as designed by the project structural engineer. Slabs shall be poured over a prepared base of compacted aggregate base course material per the recommendations of the project geotechnical engineer. Concrete strength shall be a minimum of 4,000 psi. <PAGE> ADDENDUM VI CANCELLATION OPTION ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED APRIL 16 1996, BETWEEN SECURITY CAPITAL INDUSTRIAL TRUST AND INSYNC SYSTEMS, INC. Provided (i) no Event of Default shall then exist and expense: no condition shall then exist which with the passage of time or giving of notice, or both, would constitute an Event of Default; and (aii) Building standard VAV system, rigid duct work, perimeter slot diffusers (excluding internal zone flex duct and supply grills). (b) Building standard window treatments. (c) Building standard ceiling grid installed Tenant has entered into a binding lease with 2 x 4 ceiling tile stacked on the floor and 2 x 4 parabolic light fixtures at a ratio of 1 per 90 usable square feet stacked on the floor. (d) Sprinkler heads installed at 1 per 225 usable square feet. (e) All Building common areas installed. EXHIBIT E ACCEPTANCE OF PREMISES MEMORANDUM This Acceptance of Premises Memorandum is being executed pursuant to that certain Lease Agreement Landlord (the "Replacement Lease") dated for the 4th day of August, 1998, between B. O. III, Ltd., a Texas limited partnership ("Landlord"), and VIGNETTE, INC., a Delaware corporation ("Tenant"), pursuant to which Landlord equivalent or greater square footage as leased to Tenant and Tenant leased from Landlord certain space hereunder in the office building located Austin metropolitan service area, for a term of at 901 S. Mopac Expresswaylease five (5) years, Building III, in Austin, Texas Tenant shall have the right at any time to send Landlord written notice (the "BuildingTermination Notice")) that Tenant has elected to terminate this Lease effective on the commencement date of the Replacement Lease. If Tenant elects to terminate this Lease pursuant to the immediately preceding sentence, the effectiveness of such termination shall be conditioned upon Tenant paying to Landlord, contemporaneously with Tenant's delivery of the Termination Notice to Landlord, the estimated amount of unamortized Tenant Improvements and brokerage commissions paid by Landlord in connection with this Lease as of the Replacement Lease commencement date. Such amount is consideration for Tenant's option to terminate and shall not be applied to rent or any other obligation of Tenant and shall be adjusted between Landlord and Tenant when the actual amount is determinable. Landlord and Tenant hereby agree that: 1shall be relieved of all obligations accruing under this Lease after the effective date of such termination but not any obligations accruing under the Lease prior to the effective date of such termination. Except for the Punch List Items (as shown on the attached Punch List), Landlord has fully completed the construction work required under shall negotiate the terms of a Replacement Lease, including a "build to suit lease", requested by Tenant in good faith. <PAGE> ADDENDUM VII STORAGE AND USE OF PERMITTED HAZARDOUS MATERIALS ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED APRIL _, 1996, BETWEEN SECURITY CAPITAL INDUSTRIAL TRUST AND INSYNC SYSTEMS, INC. 1. Permitted Hazardous Materials and Use. Tenant has requested Landlord's consent to use the Lease Hazardous Materials listed below in its business at the Premises (the "Permitted Hazardous Materials"). Subject to the conditions set forth herein, Landlord hereby consents to the Use (hereinafter defined) of the Permitted Hazardous Materials. Any Permitted Hazardous Materials on the Premises will be generated, used, received, maintained, treated, stored, or disposed in a manner consistent with good engineering practice and in compliance with all Environmental Requirements. Permitted Hazardous Materials (including maximum quantities): See Preliminary List set forth on Addendum VII-1. Tenant shall update the Work Letter Preliminary List with current quantities and such updated list shall be attached thereto. 2hereto as a precondition, to delivery of possession to Tenant. Tenant may substitute comparable materials in comparable quantities which are incidental to Tenant's electroplating process without notice to Landlord, and may substitute other comparable materials and quantities used in the electroplating process with Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. The Premises are tenantablestorage, Landlord has no further obligation for construction (except with respect to Punch List Items) and Tenant acknowledges that the Building, the Premises and Tenant's Improvements are satisfactory in all respects, except for the Punch List Items and are suitable for uses or processes involving the Permitted Hazardous Materials (the "Use. 3") are described below. The Commencement Date Use [If limited to receiving and storage, so specify]: Tenant shall provide a description of its use of the Lease is _______________________, _____.If the date set forth in Item 6 Permitted Hazardous Materials and such description shall be attached hereto as a precondition to delivery of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 6 of the Basic Lease Provisions is hereby amended possession to be the Commencement Date set forth in the preceding sentence. 4. The Expiration Date of the Lease is _______________, ____. If the date set forth in Item 7 of the Basic Lease Provisions is different than the date set forth in the preceding sentence, then Item 7 of the Basic Lease Provisions is hereby amended to be the Expiration Date set forth in the preceding sentence. 5Tenant. Tenant acknowledges receipt has submitted a description of its use to Landlord identified as "Level II Electropolishing General Practices 7/05/95 Revision B (11/95) pages 1-6, 12 and Schedule K-l." Tenant shall operate in accordance with such guidelines until guidelines are prepared operations conducted within the current Rules and Regulations for the Building. 6Premises. Tenant represents and warrants to Landlord that Tenant has obtained a Certificate it is not in the business of Occupancy covering manufacturing, processing, storing, transporting or disposing of Hazardous Materials outside the Premises. 7. scope of Tenant's telephone number at the Premises is ________________________. Tenant's facsimile number at the Premises is ___________________________electroplating process. 8. All capitalized terms not defined herein shall have the meaning assigned to them in the Lease. Agreed and Executed this ________ day of ___________________, _______. LANDLORD