Common use of LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES Clause in Contracts

LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES. Landlord has constructed, at its sole cost and expense, the base, shell, and core (i) of the Premises and (ii) of the floor of the Building on which the Premises is located (collectively, the "Base, Shell, and Core"). The Base, Shell and Core shall consist of those portions of the Premises which were in existence prior to the construction of the tenant improvements in the Premises. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, Tenant shall accept the Base, Shell and Core from Landlord in their presently existing, "as-is" condition. In addition, Landlord will be responsible to upgrade the restroom finishes on the 1st, 2nd and 3rd floors of the Building, to generally be comparable to the new finishes in the 4th floor restrooms, and including replacing sinks, toilets, faucets, partitions, entryway tile and carpet (the "Restroom Upgrade"). Landlord shall cause the Restroom Upgrade to be completed on or before the Lease Commencement Date. At Tenant's option, Tenant may request that Landlord modify the finishes used by Landlord in connection with the Restroom Upgrade, provided (i) Landlord shall reasonably approve such requested modifications, (ii) any increase in cost of the Restroom Upgrade based on such modified finishes shall be Tenant's sole responsibility, and shall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after invoice, and (iii) any delay in completing the Restroom Upgrade resulting from such modifications shall be a Tenant Delay.

LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES. 1.1 BASE, SHELL AND CORE OF THE PREMISES AS CONSTRUCTED BY LANDLORD. Landlord has constructedor will construct, at its sole cost and expense, the following work ("Landlord's Work") consisting of the base, shell, and core (i) of the Premises and (ii) of the floor floors of the Building on which the Premises is located inclusive of the Building Structure, Building Systems and Equipment and building standard elevator lobbies and corridors (collectively, the "Base, Shell, and Core"). The Base, Shell and Core shall also consist of those portions of the Premises which were in existence prior to the construction of the tenant improvements in the Premises for the prior tenant of the Premises. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, Tenant shall accept the The Base, Shell Shell, and Core from Landlord shall be completed and shall be delivered to Tenant on or before October 1, 1998 in their presently existinggood condition and operating order, "as-is" condition. In additionwith all ACM removed, Landlord will be responsible to upgrade the restroom finishes on the 1stor if not removed, 2nd and 3rd floors of the Building, to generally be comparable to the new finishes in the 4th floor restroomsencapsulated, and including replacing sinksin compliance with all laws applicable to new construction, toilets, faucets, partitions, entryway tile disregarding variances and carpet grandfathered rights (the "Restroom UpgradeRequired Condition"); provided, that Landlord and Tenant agree that the Landlord may encapsulate portions of the Premises which consist of the core and perimeter walls with Landlord removing ACM from the remainder of the Premises, where same was not encapsulated. In this connection, Landlord shall cause specifically agrees that its obligation regarding the Restroom Upgrade Required Condition applies to restrooms and elevator lobbies (inclusive of fire doors). The spot abatement for the areas between the first (1st) and second (2nd) floors will be completed on or before done prior to the Lease Commencement Date. At Tenant's option, Tenant may request that Landlord modify the finishes used by Landlord Date and in connection accordance with the Restroom Upgrade, provided (i) Landlord shall a schedule reasonably approve such requested modifications, (ii) any increase in cost of the Restroom Upgrade based on such modified finishes shall be Tenant's sole responsibility, and shall be reimbursed established by Tenant to facilitate Tenant's construction of its Tenant Improvements, taking into account the normal time required by a contractor to perform such work. Such delivery of the Premises is anticipated to occur on October 1, 1998; provided, however, that if Landlord fails to deliver the Premises to Tenant in the Required Condition by January 1, 1999 (as Additional Rent within thirty (30) days after invoicesuch date may be extended for Force Majeure Delays and Tenant-caused delays), and (iii) any delay in completing Tenant may, on written notice to Landlord, terminate the Restroom Upgrade resulting from such modifications shall be a Tenant DelayLease.

LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES. Landlord has constructedTo the extent that the applicable governmental authorities require modifications ("Code Work") to be made to the Premises or any other portion of the Building or any common areas either as a result of Tenant merely obtaining a building permit for the construction of the Improvements (provided such Improvements are customary with the type of office tenant improvements generally utilized by tenants for general office and call center purposes) or in order for Tenant to receive building permits for the construction of the Improvements (as defined below) to the Premises (but not any such modifications which may be required due to any specific and unique Improvements desired by Tenant, as opposed to normal, customary and typical office tenant improvements generally), such Code Work shall be at its Landlord's sole cost and expense. At Tenant's election, the base, shell, and core any such Code Work shall be performed (i) by Landlord utilizing a contractor of the Premises and Landlord's selection, (ii) by Landlord utilizing the Contractor (as that term defined in Section 4.1.1 below) or (iii) by Tenant utilizing the Contractor. If Tenant elects to perform the Code Work utilizing the Contractor pursuant to subsection (iii) of this Section 1, (a) the costs of such Code Work (which cost shall be reasonably competitive with the costs charged by comparable contractors performing similar scope of services in Comparable Buildings) shall be paid by Landlord pursuant to the same disbursement provisions for the Tenant Improvement Allowance specified in Section 2.2 below and all terms and conditions of Section 2.2 below with respect to payment of the floor Tenant Improvement Allowance shall also apply with respect to Landlord's obligation to pay for the such cost of the Building on which Code Work; (b) Tenant shall submit to Landlord for its written approval and a cost estimate of the Premises is located (collectively, Code Work containing by line item a reasonably detailed list of the "Base, ShellCode Work to be performed and the cost thereof as reasonably estimated by the Contractor, and Core"). The Base, Shell and Core the Contractor shall consist of those portions of the Premises which were in existence prior to not commence the construction of the tenant improvements in Code Work until Landlord has delivered to Tenant Landlord’s written approval of the Premises. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, Tenant shall accept the Base, Shell and Core from Landlord in their presently existing, "as-is" condition. In addition, Landlord cost budget which- approval will be responsible to upgrade the restroom finishes on the 1st, 2nd and 3rd floors of the Building, to generally be comparable to the new finishes given or reasonably denied (in the 4th floor restrooms, and including replacing sinks, toilets, faucets, partitions, entryway tile and carpet (the "Restroom Upgrade"). which event Landlord shall cause the Restroom Upgrade detail its reasons for such reasonable disapproval and specify what changes must be made to such estimate in order to obtain Landlord's approval) within five (5) business days of request and if Landlord fails to approve or reasonably disapprove such cost estimate within such five (5) business day period, then such cost estimate will be deemed to be completed on or before the Lease Commencement Date. At Tenant's option, Tenant may request that Landlord modify the finishes used by Landlord in connection with the Restroom Upgrade, provided (i) Landlord shall reasonably approve such requested modifications, (ii) any increase in cost of the Restroom Upgrade based on such modified finishes shall be Tenant's sole responsibility, and shall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after invoice, approved; and (iiic) any delay in completing construction of the Restroom Upgrade resulting from Improvements, installation of Tenant’s furniture, fixtures and equipment and/or moving into the Premises due solely to Contractor’s performance of the Code Work shall not constitute or be deemed or construed to be a Landlord Delay (as defined below). Tenant shall deliver written notice of Tenant's election under this Section 1 within five (5) business days after making such modifications election. If Tenant elects to require Landlord to perform the Code Work pursuant to subsections (i) or (ii) above, then Landlord and Tenant agree to work together, in good faith, so that Landlord's performance of the Code Work does not interfere with Tenant's construction of the Improvements and Tenant's construction of the Improvements does not interfere with Landlord's performance of the Code Work. However, any delay in construction of the Improvements, installation of Tenant's furniture, fixtures and equipment and/or moving into the Premises due to Landlord's performance of the Code Work pursuant to subsections (i) or (ii) (but not due to Contractor’s performance of the Code Work if Tenant elects to perform the Code Work utilizing the Contractor pursuant to subsection (iii) above) shall, subject to Section 3.5 below, constitute a Landlord Delay and any reasonable additional out-of-pocket costs incurred by Tenant in the design and construction of the Improvements due to Landlord's performance of the Code Work shall be a borne by Landlord in addition to the Tenant DelayImprovement Allowance, provided that Tenant shall notify Landlord of any such additional costs promptly after Tenant learns of such necessity therefor.

LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES. Landlord has constructed, at its sole cost and expense, the base, shell, shell and core (i) of the Premises Premises, and (ii) of the floor floors of the Building Project on which the Premises is located (collectively, the "“Base, ShellShell and Core”). Subject to Article 8 of the Lease and this Section 1 below, Tenant has inspected and hereby approves the condition of the Premises and Base, Shell and Core, and Core"). The agrees that, subject to construction of the Improvements, the Premises and the Base, Shell and Core shall consist of those portions of be delivered to Tenant in its current “as-is” condition. The improvements to be initially installed in the Premises which were in existence prior shall be designed and constructed pursuant to the construction of the tenant improvements in the Premises. Notwithstanding anything set forth in this Tenant Work Letter Letter. Any costs of initial design and construction of any improvements to the contraryPremises shall be an “Improvement Allowance Item”, as that term is defined in Section 2.2 of this Tenant Work Letter. Notwithstanding the foregoing, Landlord shall, using Project-standard materials and finishes, separately demise Suite 100 and Suite 150 of the 26672 Building from the remainder of the ground floor (the “Demising Work”), and [***] percent ([***]%) of the cost of Demising Work shall accept be borne by Landlord and [***] percent ([***]%) of the Base, Shell and Core from Landlord in their presently existing, "as-is" conditioncost of Demising Work shall be an Improvement Allowance Item chargeable to the Improvement Allowance pursuant to Section 2.2 below. In addition, Landlord will be responsible shall, at Landlord’s sole cost and expense, (a) repaint the facia of the 26642 Building using Project-standard materials in order to upgrade provide a uniform color prior to installation of Tenant’s Signage, (b) prepare those areas of the restroom finishes on the 1st, 2nd and 3rd ground floors of the BuildingPremises on which Tenant will be installing vinyl composition tile or Project-standard carpet tile as necessary to receive such tile, to generally be comparable including moisture testing and installation of any necessary moisture or vapor barrier (collectively, the “Ground Floor Prep Work”). With respect to the new finishes in the 4th floor restroomsGround Floor Prep Work, and including replacing sinks, toilets, faucets, partitions, entryway tile and carpet (the "Restroom Upgrade"). Landlord shall cause the Restroom Upgrade ground floors to be completed scraped and prepped on or before April 8, 2011 and shall cause the Lease Commencement Dateinstallation of any necessary moisture or vapor barrier to be installed prior to the time that Tenant lays such vinyl composition tile or Project-standard carpet tile. At Tenant's Finally, concurrently with construction of the Improvements, Landlord shall, at Landlord’s option, either permit Tenant may request to cause its Contractor to modify the existing insulation located in the third (3rd) floor of each building to the extent such modification is required in order to comply with current Code requirements (the “Insulation Modification Work”) or shall retain its own qualified contractor to perform the Insulation Modification Work. Tenant shall cause its Contractor to provide Landlord with a bid for the Insulation Modification Work and, based upon such bid, Landlord shall notify Tenant that Landlord modify either authorizes Tenant’s Contractor to perform the finishes used by Insulation Modification Work or that Landlord in connection with elects to retain its own qualified contractor to perform the Restroom Upgrade, provided (i) Landlord shall reasonably approve such requested modifications, (ii) any increase in Insulation Modification Work. The cost of the Restroom Upgrade based on such modified finishes Insulation Modification Work shall be borne solely by Landlord and, if Landlord elects to authorize Tenant's sole responsibility’s Contractor to perform such work, shall be in addition to the Improvement Allowance and shall be reimbursed by Tenant disbursed in accordance with the procedures specified in Section 2.2 below. If Landlord elects to retain its own qualified contractor to perform the Insulation Modification Work, Landlord as Additional Rent within thirty (30) days after invoice, and (iii) any delay in completing shall use reasonable efforts to cause such work to not interfere with Tenant’s construction of the Restroom Upgrade resulting from such modifications shall be a Tenant DelayImprovements.

LANDLORD’S INITIAL CONSTRUCTION IN THE PREMISES. Immediately following the signing of the Lease by both Tenant and Landlord, Landlord has constructedshall deliver the Premises to Tenant for Tenant’s construction of the Tenant Improvements (as defined below) therein (the “Delivery Date”). Landlord, at its Landlord’s sole cost and outside of the Tenant Improvements, agrees to install a double-dour main entry to the Premises in a location reasonably approved by Landlord and Tenant (the “Additional Landlord Work”); provided, however, the parties agree and acknowledge that such double-door main entry (i) shall be between grid lines four and five on those certain documents prepared in connection with Landlord obtaining the shell renovation permits, (ii) shall not be located in a window bay with an existing structural grade beam, and (iii) shall include, at Tenant’s sole cost and expense, electrified hardware with integrated request-to-exit so that a card reader system can be installed. The Additional Landlord Work shall include, at Landlord’s cost and expense, the baseinstallation of (a) a concrete pedestrian walkway from the Project parking areas to the new, shellmain entry of the Premises, which such walkway shall reasonably match the Project’s existing concrete, (b) a four-foot (4’) entry canopy feature selected by Landlord, and core (ic) a single pair of herculite entry doors with such doors having, at Tenant’s sole cost and expense, electrified hardware with integrated request-to-exit so that a card reader system can be installed. The Additional Landlord Work shall be installed in the Project using Building-standard specifications, and the exact scope of the Additional Landlord Work shall be determined by Landlord in its reasonable discretion. Tenant agrees and acknowledges that Landlord shall perform the Additional Landlord Work after the delivery of possession to the Premises to Tenant reasonably coordinated with Tenant’s construction schedule, and (ii) in no event shall the completion of the floor of the Building on which the Premises is located Additional Landlord Work be deemed (collectively, the "Base, Shell, and Core"). The Base, Shell and Core shall consist of those portions of the Premises which were 1) a constructive eviction or (2) in existence prior to the construction of the tenant improvements in the Premises. Notwithstanding anything set forth in this Tenant Work Letter to the contrary, Tenant shall accept the Base, Shell and Core from Landlord in their presently existing, "as-is" condition. In addition, Landlord will be responsible to upgrade the restroom finishes on the 1st, 2nd and 3rd floors of the Building, to generally be comparable to the new finishes in the 4th floor restrooms, and including replacing sinks, toilets, faucets, partitions, entryway tile and carpet (the "Restroom Upgrade"). Landlord shall cause the Restroom Upgrade to be completed on or before any way delay the Lease Commencement Date. At Tenant's optionLandlord shall, Tenant may request that Landlord modify the finishes used by Landlord in connection with the Restroom Upgradeat Landlord’s sole cost, provided (i) Landlord shall reasonably approve such requested modificationshave constructed the shell of the Building, (ii) any increase deliver the Premises in cost broom-clean condition, free of debris and equipment and with all Building Systems, structural elements of the Restroom Upgrade based on such modified finishes shall be Tenant's sole responsibility, Premises roof and shall be reimbursed by Tenant to Landlord as Additional Rent within thirty (30) days after invoicethe Building slab in good working condition and repair, and (iii) any delay in completing cause the Restroom Upgrade resulting from such modifications Project and the Premises to comply with applicable building codes including, without limitation, applicable requirements of the Americans with Disabilities Act (collectively, the “Code”) on an unoccupied basis as of the Effective Date (provided that compliance with Code requirements within the Premises applicable on an occupied basis including, without limitation, Title 24 requirements shall be performed by Tenant as a component of the Tenant DelayImprovements and chargeable to the Tenant Improvement Allowance). Except as otherwise provided in the Lease, Landlord shall be responsible for any Code, Title 24 or other related work in the Common Areas, which amounts shall not be charged against the Tenant Improvement Allowance. The work to be performed by Landlord under this Section 1 is collectively referred to as the “Landlord’s Work”.