Common use of Finish Work Clause in Contracts

Finish Work. Landlord shall construct certain leasehold ----------- improvements (the "Finish Work") in the Leased Premises pursuant to plans and specifications (the "Interior Plans") which Tenant shall provide to Landlord in accordance with the Project Schedule, dated June 30, 2000, a copy of which is attached hereto and made a part hereof as Exhibit B-3. The Interior Plans shall ----------- be delivered to Landlord and shall be subject to Landlord's reasonable approval, which Landlord shall provide within seven (7) business days after Landlord's receipt of the Interior Plans. If Landlord disapproves of all or any portion of the Interior Plans, Landlord shall give Tenant an explanation of the reasons for such disapproval and the corrections or changes that are necessary for Landlord to approve the Interior Plans. Landlord and Tenant shall fully cooperate with each other to revise the Interior Plans until the Interior Plans are acceptable to Landlord and Tenant. At the time that the Interior Plans, including any corrections and changes thereto, are approved by Landlord, they shall be signed and dated by Landlord and Tenant, shall be known collectively as the "Approved Interior Plans," and a schedule of such Approved Interior Plans shall be attached hereto and made a part hereof as Exhibit B-4. Landlord's approval of ----------- the Interior Plans shall neither constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Leased Premises nor create any liability or responsibility on the part of Landlord for compliance of the Interior Plans with Laws, but shall merely be the consent of Landlord to the performance of the Finish Work. Landlord shall promptly construct in a good and workmanlike manner all of the improvements and supply all work, labor, materials and equipment necessary to complete the Finish Work in accordance with the Approved Interior Plans. Performance of construction of the Finish Work shall be in accordance with Laws. The Shell Work and the Finish Work shall be referred to collectively herein as the "Total Project."

Finish Work. 4.1 Tenant shall submit to Landlord for Landlord’s review and approval schematic drawings showing proposed improvements to the Premises desired by Tenant to improve the Premises for Tenant’s occupancy (“Schematic Drawings”). Tenant shall determine what improvements should be done to the Premises and same shall be included in such Schematic Drawings for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord shall construct certain leasehold ----------- not approve of the Schematic Drawings as submitted by Tenant, Landlord shall notify Tenant thereof within five (5) business days after receipt of the Schematic Drawings specifying in said notice the particulars of such revisions therein as are reasonably requested by Landlord for the purpose of obtaining its approval. Within five (5) business days after being so informed by Landlord, Tenant shall submit to Landlord, for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed) revised Schematic Drawings incorporating such revisions or such modifications thereof as were reasonably requested by Landlord and as are acceptable to Tenant. Within three (3) business days after receipt thereof, Landlord shall notify Tenant whether such revised Schematic Drawings are approved, which approval shall not be unreasonably withheld, conditioned or delayed; and if not approved, Landlord shall specify in writing the particulars of any such items not approved. The provisions of the immediately preceding two (2) sentences shall be repeated until Landlord has approved Schematic Drawings acceptable to Tenant (said Schematic Drawings, as so approved, are hereinafter referred to as the “Final Schematics”). After approval of the Final Schematics Tenant shall cause to be prepared architectural working drawings and specifications for the layout and finish of the proposed improvements and shall submit them to Landlord for its review and approval (which shall not be unreasonably withheld, conditioned or delayed). Said working drawings and specifications shall be reasonably consistent with the "Final Schematics (other than for minor deviations), shall be consistent with the design and construction of the Building and shall not materially interfere with or disrupt any of the other equipment in the Building. If Landlord shall not approve of the working drawings and specifications as submitted by Tenant, Landlord shall notify Tenant thereof within five (5) business days after receipt of the working drawings and specifications specifying in said notice the particulars of such revisions therein as are reasonably requested by Landlord for the purpose of obtaining its approval. Within five (5) business days after being so informed by Landlord, Tenant shall submit to Landlord, for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed), revised working drawings and specifications incorporating such revisions or such modifications thereof as were reasonably requested by Landlord and as are acceptable to Tenant. Within three (3) business days after receipt thereof, Landlord shall notify Tenant whether such revised working drawings and specifications are approved, which approval shall not be unreasonably withheld, conditioned or delayed; and if not approved, Landlord shall specify in writing the particulars of any such items not approved. The provisions of the immediately preceding two (2) sentences shall be repeated until Landlord has approved working drawings and specifications acceptable to Tenant (said drawings and specifications, as so approved, are hereinafter referred to as the “Working Drawings” and the work shown thereon is hereinafter referred to as the “Finish Work") in the Leased Premises pursuant to plans and specifications (the "Interior Plans") which ”). Tenant shall provide Landlord with copies of receipts for all work performed and fixtures purchased as part of such Finish Work. The cost to Landlord prepare Schematic Drawings, Final Schematics and Working Drawings shall be included in the cost of the Finish Work. 4.2 Promptly after Tenant’s receipt of all required governmental permits and approvals for the construction of the Finish Work, Tenant shall commence the construction of the Finish Work through a (1) construction manager and (2) contractor or contractors. Tenant shall select and engage such construction manager and contractors. Tenant shall proceed with such construction with due dispatch to cause the Finish Work to be constructed in accordance with the Project Schedule, dated June 30, 2000, a copy of which is attached hereto and made a part hereof as Exhibit B-3. The Interior Plans shall ----------- be delivered to Landlord and shall be subject to Landlord's reasonable approval, which Landlord shall provide within seven (7) business days after Landlord's receipt of the Interior Plans. If Landlord disapproves of all or any portion of the Interior Plans, Landlord shall give Tenant an explanation of the reasons for such disapproval and the corrections or changes that are necessary for Landlord to approve the Interior Plans. Landlord and Tenant shall fully cooperate with each other to revise the Interior Plans until the Interior Plans are acceptable to Landlord and Tenant. At the time that the Interior Plans, including any corrections and changes thereto, are approved by Landlord, they shall be signed and dated by Landlord and Tenant, shall be known collectively as the "Approved Interior Plans," and a schedule of such Approved Interior Plans shall be attached hereto and made a part hereof as Exhibit B-4. Landlord's approval of ----------- the Interior Plans shall neither constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Leased Premises nor create any liability or responsibility on the part of Landlord for compliance of the Interior Plans with Laws, but shall merely be the consent of Landlord to the performance of the Finish Work. Landlord shall promptly construct Working Drawings in a good and workmanlike manner all of the improvements and supply all work, labor, materials and equipment necessary to complete the Finish Work in accordance with all applicable laws, orders and regulations of Governmental Authorities, and to use first quality materials. The costs associated with the Approved Interior Plans. Performance employment and retention of a construction manager shall be included in the cost of the Finish Work. 4.3 Each phase of the Finish Work shall be in accordance with Laws. The Shell Work and deemed completed on the day following Tenant’s notice to Landlord that (i) the Finish Work is substantially completed, and (ii) Tenant has obtained either a permanent or temporary certificate of occupancy for the Finish Work. 4.4 Promptly after the completion of each “phase” (as defined in the specifications constituting part of the Working Drawings) of the Finish Work, Landlord shall pay to Tenant, or at Tenant’s election to Tenant’s contractors, the cost of such completed phase of the Finish Work. Landlord’s obligation under this paragraph is limited to an aggregate maximum payment of $100,000.00. If the aggregate cost of the Finish Work exceeds $100,000.00, Tenant shall be referred responsible for the all costs in excess of $100,000.00. By way of example, if the cost of the Finish Work (including architectural fees and costs of the construction manager) is $90,000.00, Landlord shall pay Tenant (or Tenant’s contractors) $90,000.00. If the cost of such Finish Work is $110,000.00, Landlord shall pay Tenant (or Tenant’s contractors) $100,000.00. Tenant shall provide to collectively herein Landlord at the time of each request for payment an AIA form (such as G702) reasonably acceptable to Landlord setting forth the "Total ProjectFinish Work completed and the amount requested to be paid."

Finish Work. Landlord shall construct certain leasehold ----------- improvements Buyer has indicated that it may want to change some or all of the finishes and fixtures in the entry lobby, the elevator lobbies and the restrooms (collectively, the “Finishes”). In the event Buyer determines to change some or all of the Finishes (the "“Finish Work") in the Leased Premises pursuant to plans and specifications Changes”), Buyer shall notify Seller on or before June 28, 2008 (the "Interior Plans") “Finishes Notice”), of the Finishes that Buyer elects to accept and those that Buyer elects either to eliminate or to specify a substitute Finish item therefor (which Tenant shall provide to Landlord in accordance with the Project Schedule, dated June 30, 2000, a copy of which is attached hereto and made a part hereof as Exhibit B-3. The Interior Plans shall ----------- be delivered to Landlord and substitute Finish items shall be subject to Landlord's reasonable Seller’s approval, which Landlord approval shall not be unreasonably withheld, conditioned or delayed). Seller shall install as part of the Shell Building Improvements those Finish items that Buyer accepts; and with respect to those Finish items that Buyer elects to eliminate (or with respect to which Buyer has specified a substitution but thereafter Buyer does not approve the Cost Estimate or Final Pricing therefor), Seller shall issue a Change Order removing such Finish items from the Construction Plans and Buyer shall receive a credit against the Purchase Price in the amount of the cost savings attributable to such Finish items eliminated from the Construction Plans. With respect to Finish items for which Buyer proposes a substitution and Seller has approved such substitution, Buyer shall include with the Finishes Notice documentation and information sufficient for the Architect, Contractor, any engineer and any manufacturer, as applicable to such Finish Changes, to provide a Cost Estimate for such Finish Changes (the “Changed Finishes Package”). Seller shall use commercially reasonable efforts to provide Buyer with a Cost Estimate for the Finish Changes specified in the Changed Finishes Package within seven (7) business days after Landlord's Seller’s receipt of the Interior PlansChanged Finishes Package, provided that any third party involved in determining the Cost Estimate responds to Seller within such seven day period. If Landlord disapproves In the event Buyer does not provide the Finishes Notice to Seller on or before June 28, 2008, Seller shall proceed with construction of all or any portion of the Interior Plans, Landlord shall give Tenant an explanation of the reasons for such disapproval and the corrections or changes that are necessary for Landlord to approve the Interior Plans. Landlord and Tenant shall fully cooperate with each other to revise the Interior Plans until the Interior Plans are acceptable to Landlord and Tenant. At the time that the Interior Plans, including any corrections and changes thereto, are approved by Landlord, they shall be signed and dated by Landlord and Tenant, shall be known collectively as the "Approved Interior Plans," and a schedule of such Approved Interior Plans shall be attached hereto and made a part hereof as Exhibit B-4. Landlord's approval of ----------- the Interior Plans shall neither constitute any warranty by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Leased Premises nor create any liability or responsibility on the part of Landlord for compliance of the Interior Plans with Laws, but shall merely be the consent of Landlord to the performance of the Finish Work. Landlord shall promptly construct in a good and workmanlike manner all of the improvements and supply all work, labor, materials and equipment necessary to complete the Finish Work Finishes in accordance with the Approved Interior Construction Plans. Performance of construction of the Finish Work shall be in accordance with Laws. The Shell Work and the Finish Work shall be referred to collectively herein as the "Total Project."

Finish Work. Landlord Sublandlord shall construct certain leasehold ----------- improvements perform (or cause to be performed) the following work (the "Finish Work") as soon as racticable following the date of this Sublease: (a) Construct a temporary construction wall in the Leased location shown on the Floor Plan; (b) Re-key the entry doors providing access to the Subleased Premises; and (c) Construct a common exit corridor within the Shared Corridor Space, which Sublandlord and Subtenant may use in common for access to and from the Premises pursuant and the Subleased Premises, respectively. Included in the construction of the Shared Corridor Space shall be the relocation of an entry door from the Shared Corridor Space to plans an area that will be outside of the Shared Corridor Space, the installation of an additional sprinkler outside of the Shared Corridor Space and specifications the relocation of a security panel to Sublandlord's new access door. In the event that Subtenant believes that the bid received by Sublandlord to construct the common exit corridor is excessive, Subtenant shall have the right to have other contractors bid to perform substantially the same work and in the event that Subtenant is able to obtain a bid that is significantly less than that received by Sublandlord, and the contractor which provided such bid is reasonably acceptable to Sublandlord (and Owner to the "Interior Plans") which Tenant extent required by the Lease), Sublandlord shall provide utilize the contractor obtained by Subtenant to Landlord in accordance construct the common exit corridor. Upon completion of such exit corridor, Sublandlord shall remove the temporary construction wall. All Finish Work shall be designed and constructed at Subtenant's expense. Contemporaneously with the Project Scheduleexecution of this Sublease, dated June 30, 2000, a copy Subtenant shall deposit with Sublandlord (in addition to the Security Deposit) the cash sum of which is attached hereto and made a part hereof as Exhibit B-3$10,000. The Interior Plans shall ----------- be delivered Sublandlord may draw against such deposit to Landlord and shall be subject to Landlord's reasonable approval, which Landlord shall provide within seven (7) business days after Landlord's receipt of the Interior Plans. If Landlord disapproves of all or any portion of the Interior Plans, Landlord shall give Tenant an explanation of the reasons for such disapproval and the corrections or changes that are necessary for Landlord to approve the Interior Plans. Landlord and Tenant shall fully cooperate with each other to revise the Interior Plans until the Interior Plans are acceptable to Landlord and Tenant. At the time that the Interior Plans, including any corrections and changes thereto, are approved by Landlord, they shall be signed and dated by Landlord and Tenant, shall be known collectively as the "Approved Interior Plans," and a schedule of such Approved Interior Plans shall be attached hereto and made a part hereof as Exhibit B-4. Landlord's approval of ----------- the Interior Plans shall neither constitute any warranty by Landlord to Tenant of the adequacy of pay the design for Tenant's intended use of the Leased Premises nor create any liability or responsibility on the part of Landlord for compliance of the Interior Plans with Laws, but shall merely be the consent of Landlord to the performance and construction costs of the Finish Work. Landlord Sublandlord shall provide to Subtenant copies of all invoices submitted for the Finish Work for which draws are made against the deposit. If the deposit shall be insufficient to pay all design and construction costs of the Finish Work, then upon demand from Sublandlord, Subtenant shall deposit with Sublandlord such additional funds as may be necessary to pay the excess costs. If the deposit shall exceed the total design and construction costs of the Finish Work, as calculated upon the completion of the Finish Work, then Sublandlord shall promptly return the excess to Subtenant. Subtenant acknowledges that the temporary construction wall will prevent Subtenant's access to Offices 447 and 448 within the Subleased Premises, as shown on the Floor Plan. Subtenant agrees that while the temporary construction wall is in place, Subtenant will access Offices 447 and 448 only under the supervision of an employee of Sublandlord. As soon as practicable following the date of this Sublease, Subtenant shall, at its expense, construct a wiring closet for the Subleased Premises and install new telecommunications wiring within the Subleased Premises for Subtenant's telephone and computer systems in accordance with a wiring diagram that must be pre-approved by Sublandlord. Subtenant shall cause such work to be performed in a good and workmanlike manner manner, free of liens, according to all Building rules and regulations applicable to the work, and utilizing procedures approved by Sublandlord which will minimize the disturbance of Sublandlord's operations in the Premises. Subtenant shall reimburse Sublandlord and Owner on demand for any damage caused to any property of Sublandlord or Owner by such work, and Subtenant shall indemnify Sublandlord and Owner against any third party claims arising out of the improvements work. Sublandlord and supply all work, labor, materials and equipment necessary to complete the Finish Work in accordance with the Approved Interior Plans. Performance of construction Owner may each have a representative present throughout performance of the Finish Work work. Upon termination of this Sublease, Sublandlord may elect to restore the Shared Corridor Space to its condition existing prior to this Sublease and/or remove from the Subleased Premises the wiring closet and telecommunications wiring installed hereunder. In such event, Subtenant shall be in accordance with Laws. The Shell Work and pay to Sublandlord the Finish Work shall be referred to collectively herein as the "Total Projectcost of such restoration and/or removal within 10 days after receiving an invoice therefor."