Common use of Improvements by Landlord Clause in Contracts

Improvements by Landlord. (a) Landlord shall construct for Tenant, at Landlord's sole cost and expense, a building containing approximately forty-two thousand (42,000) to fifty thousand (50,000) gross square feet of office space (the "Building"), together with a minimum of sixty (60) covered parking spaces under the Building and uncovered parking areas on the Premises, which covered and uncovered parking shall accommodate a minimum of four (4) parking spaces per one thousand (1,000) square feet of rentable office space within the Building and drives, utility facilities and related improvements (collectively, with the Building, the "Building Improvements") in accordance with the preliminary plans and specifications described in Exhibit "B" attached hereto and incorporated herein (the "Outline Specifications") and substantially in accordance with the final drawings, plans and specifications to be developed from the Outline Specifications pursuant to Section 5 hereof (the "Final Plans"). Landlord hereby warrants and agrees that the Building Improvements' quality shall be comparable to the project known as "▇▇▇▇▇▇▇▇ ▇▇▇▇▇" on ▇▇▇▇▇▇▇▇ Road in the City of Blue Ash, Ohio. (b) Landlord shall commence and thereafter diligently pursue to completion, substantially in accordance with the "Construction Schedule" attached hereto as Exhibit "C" and incorporated herein, the construction of the Building Improvements, in a good and workmanlike manner and in accordance with the Final Plans agreed to by Landlord and Tenant, subject only to changes approved in writing from time to time by Landlord and Tenant. Notwithstanding the foregoing, Substantial Completion shall be extended by the number of days by which either said commencement or completion may have been delayed due to (i) any cause specified in Section 6 of this Lease or (ii) solely the acts or omissions of Tenant, its agents, employees or contractors. (c) At any time prior to or during the course of construction, Tenant shall have the right to request changes in the Final Plans by submitting to Landlord a written request for such a change. If the proposed change is acceptable to Landlord, in the exercise of Landlord's reasonable discretion, Landlord shall prepare a change order describing the change and containing the plans and specifications necessary for the change and setting forth the additional costs and time necessary to accomplish the same (each, a "Change Order" or, collectively, the "Change Orders"). Tenant shall then review and sign the Change Order, if acceptable to Tenant, to indicate its acceptance of and agreement to pay for the changes set forth in the Change Order, if any. To the extent that the Tenant Improvement Allowance (as hereinafter defined) and the Moving Fee (as defined in Section 42 of this Lease) have been fully depleted at the time of a Change Order, Tenant agrees to pay in cash to Landlord, within thirty (30) days after completion of the change described in the Change Order, the agreed amount of the additional cost resulting from Landlord's performance of work pursuant to the Change Order; provided that if the Tenant Improvement Allowance and the Moving Fee have not been fully depleted at the time of a Change Order Tenant shall not be required to pay the amount of such additional cost, if any, related to such Change Order until Substantial Completion pursuant to Section 4(d) hereof. After approval of any Change Order, the term "Final Plans" shall mean the Final Plans defined above, as modified by the Change Order. If a Change Order shall delay the work to be performed by Landlord, the estimated date for completion of construction set forth in the Construction Schedule shall be extended by the number of days by which construction shall be delayed.

Improvements by Landlord. (a) Upon the execution of this Lease, Landlord shall construct for Tenant, at Landlord's sole cost and expense, a building containing approximately forty-two thousand (42,000) agrees to fifty thousand (50,000) gross square feet of office space (make or cause to be made the "Building"), together with a minimum of sixty (60) covered parking spaces under improvements to the Building and uncovered parking areas on the Premises, which covered and uncovered parking shall accommodate a minimum of four (4) parking spaces per one thousand (1,000) square feet of rentable office space within the Building and drives, utility facilities and related improvements (collectively, with the Building, the "Building Improvements") in accordance with the preliminary plans and specifications Premises described in Exhibit "B" C attached hereto and incorporated herein into this Lease (the "Outline Specifications") and substantially in accordance with the final drawings, plans and specifications to be developed from the Outline Specifications pursuant to Section 5 hereof (the "Final Plans"“Landlord’s Work”). Landlord hereby warrants and agrees that the Building Improvements' quality Landlord’s Work shall be comparable to the project known as "▇▇▇▇▇▇▇▇ ▇▇▇▇▇" on ▇▇▇▇▇▇▇▇ Road in the City of Blue Ash, Ohio. (b) Landlord shall commence and thereafter diligently pursue to completion, substantially in accordance with the "Construction Schedule" attached hereto as Exhibit "C" and incorporated herein, the construction of the Building Improvements, accomplished in a good and workmanlike manner in compliance with all Applicable Laws. Additionally, Landlord is solely responsible for performing all work required in connection with installing a new roof over the Premises, installing new electrical service from Duquesne Light and in accordance with upgrading the Final Plans agreed to by Landlord fire alarm system serving the Premises and Tenant, subject only to changes approved in writing from time to time by Landlord and Tenantintegrating such upgraded fire alarm system into the main system. Notwithstanding the foregoing, Substantial Completion Landlord’s Work shall be extended deemed “Substantially Complete” upon the issuance of a statement by the number of days by which either said commencement Landlord’s architect confirming Landlord’s Work has been completed with only minor punch-list items outstanding or completion may that Landlord’s Work would have been delayed due to (i) any cause specified in Section 6 of this Lease or (ii) solely the acts or omissions of Tenant, its agents, employees or contractors. (c) At any time prior to or during the course of construction, completed but for a Tenant shall have the right to request changes in the Final Plans by submitting to Landlord a written request for such a change. If the proposed change is acceptable to Landlord, in the exercise of Landlord's reasonable discretion, Landlord shall prepare a change order describing the change and containing the plans and specifications necessary for the change and setting forth the additional costs and time necessary to accomplish the same (each, a "Change Order" or, collectively, the "Change Orders"). Tenant shall then review and sign the Change Order, if acceptable to Tenant, to indicate its acceptance of and agreement to pay for the changes set forth in the Change Order, if any. To the extent that the Tenant Improvement Allowance (as hereinafter defined) and the Moving Fee Delay (as defined in Section 42 1.3(c) above). The Commencement Date shall occur upon delivery of this Leasethe Premises to Tenant with Landlord’s Work Substantially Complete. Landlord agrees to complete any punch-list items as soon as reasonably possible following the Commencement Date. Notwithstanding anything to the contrary herein, Landlord shall only be required to spend up to One Million One Hundred Forty-Seven Thousand Eighty and NO/100 Dollars ($1,147,080.00) have been fully depleted on the Landlord’s Work for the original Premises and One Million Three Hundred Ten Thousand One Hundred Fifty-Five and NO/100 Dollars ($1,310,155.00) on the Landlord’s Work for the Premises added at the time beginning of month 37 of the Term, for a Change Ordertotal amount of Two Million Four Hundred Fifty-Seven Thousand Two Hundred Thirty-Five and NO/100 Dollars ($2,457,235.00) (the “Landlord’s Work Cap”) and Tenant shall be responsible for any and all costs for the Landlord’s Work which exceed such amount. Landlord and Tenant shall work together to mutually agree upon the best way to handle the physical construction of the Premises in phases, to maximize economies of scale and to manage supply chain issues. 1. Landlord shall perform the Landlord’s Work on a so-called “open book” basis and will consult with Tenant on the budget for the Landlord’s Work. Landlord shall charge a three percent (3%) project management fee, which fee shall be applied to the Landlord’s Work Cap. Landlord shall competitively bid the Landlord’s Work with at least three (3) acceptable qualified contractors. Following receipt of the bids, Landlord shall provide Tenant with an itemized statement of estimated construction costs, including fees for permits, and architectural and engineering fees. Tenant shall have five (5) business days to approve or object to the budget. If Tenant objects to the proposed budget, Tenant agrees shall provide specific reasons for its objection and shall submit a revised budget for Landlord’s review. In the event that Tenant fails to pay respond to a proposed budget within such five (5) business day period, the budget shall be deemed approved. In the event that Tenant objects to a proposed budget, then the Abatement Date (as defined in cash to Landlord, within thirty (30Section 1.3(c) days after completion above) shall be automatically extended on a day-for-day basis until the budget is approved by both Landlord and Tenant. Should the budget show that the cost of the change described in Landlord’s Work will exceed the Change OrderLandlord’s Work Cap, Tenant shall deposit with Landlord the agreed total amount of the additional excess cost resulting from or fund the proportional share of the anticipated excess with every construction payment that is issued by Landlord's performance . After the initial budget is approved by both Landlord and Tenant, during the construction process Landlord shall inform Tenant of work pursuant any change in budgeted items which vary by 5% or more. If the budgeted item increases in cost, Tenant shall have three (3) business days to approve or object to the Change Order; provided that if change. If Tenant fails to approve the change within such three (3) business day period, then the Abatement Date shall be automatically extended on a day-for-day basis until the revised budget is approved by both Landlord and Tenant Improvement Allowance and Tenant has deposited the Moving Fee have not been fully depleted at the time of a Change Order Tenant shall not be required to pay the amount of such additional costoverage, if any, related to such Change Order until Substantial Completion pursuant to Section 4(d) hereof. After approval of any Change Order, the term "Final Plans" shall mean the Final Plans defined above, as modified by the Change Order. If a Change Order shall delay the work to be performed by with Landlord, the estimated date for completion of construction set forth in the Construction Schedule shall be extended by the number of days by which construction shall be delayed.