Common use of LESSOR'S WORK Clause in Contracts

LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor of the Building (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes to the expected cost to complete the Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval for any material cost increases over the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Base

LESSOR'S WORK. Lessee confirms that Lessor at its current information technology needs are serviced by that certain IT room located sole cost and expense shall make the following improvements to the Expansion Premises, Existing Premises, or the Project, as the case may be: (a) enclose and expand the office area portion on the third first floor of the Building Existing Premises as depicted on Exhibit B, including eliminating the hallway and widening the door opening as shown thereon, (b) install two (2) new restrooms totaling approximately 170 square feet in the “Expansion Premises as depicted on Exhibit A, providing a women’s restroom with 2-toilets and a men’s restroom with 1-toilet and 1-urinal, (c) demolish and remove the existing demising wall between the Existing IT Room”) servicing both Lessee Premises and the third floor tenant of Expansion Premises as depicted on Exhibit A and relocate utilities therein, if applicable, (d) install a new demising wall as depicted on Exhibit A, (e) relocate the Building; fence in the Existing IT Room constitutes a Common Area; truck court as depicted on Exhibit A, and all costs associated with (f) repair or replace (as appropriate) the maintenancemotor on the security gate serving the Premises (collectively, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”). Except for Lessor’s Work and the Improvements and except as expressly set forth in this Amendment, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Expansion Premises and its relocation to a new room (the “New IT Room”) to shall be constructed within the Premisesdelivered in it AS-IS condition. Lessee Lessor shall perform Lessor’s Work in a good and workmanlike manner, in compliance with all Applicable Requirements, and, subject to Lessee Delays, shall Substantially Complete Lessor’s Work on or before January 1, 2021. Lessor warrants that, except for damages caused by Lessee or its agents or contractors, the existing electrical, plumbing, fire sprinkler, lighting, loading doors, man doors, and all other elements in the Expansion Premises, other than those constructed by Lessee, shall be in good operating condition on the Premises Modification Date, that the structural elements of the roof, bearing walls and foundation of the Expansion Premises shall be free of material defects, and that the Expansion Premises do not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. If any non-compliance with such warranty exists on the Premises Modification Date, or if one of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor’s sole obligation with respect to such matter, except as otherwise provided in the Lease or this Amendment, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure, rectify same at Lessor’s sole costexpense. The warranty periods shall be six (6) months as to the systems and other elements of the Expansion Premises, excluding HVAC systems, heating, and sump pumps, if any. If Lessee gives Lessor written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, malfunction or failure within the appropriate warranty period, Lessor shall cause its contractor to perform warranty-related work required under its contract with Lessor (including, for the avoidance of doubt, with respect to Lessor’s Work and the Improvements). If Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance, malfunction or failure shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to the obligation of Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to at Lessee, ’s sole cost and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof expense (except for the abated Base Rent repairs to the fire sprinkler systems, roof, foundations, and/or bearing walls, which shall be performed and paid for in accordance with the Lease, including, without limitation, Paragraph 7). Lessor also warrants, that unless otherwise specified in writing, Lessor is unaware of (i) any recorded Notices of Default affecting the Expansion Premises; (ii) any delinquent amounts due under any loan secured by the Expansion Premises; and (iii) any bankruptcy proceeding affecting the Premises. Lessor warrants that to the best of its knowledge the improvements on the Expansion Premises will comply with the Applicable Requirements in effect on the Premises Modification Date. Said warranty does not apply to the specific and unique use to which Lessee will put the Expansion Premises, modification which may be required by the Americans with Disabilities Act or any similar laws as set a result of Lessee’s specific and unique use (see Paragraph 49 of the Lease), or to any Alterations or Utility Installations made or to be made by Lessee. If the Expansion Premises do not comply with said warranty, Lessor shall, except as otherwise provided, promptly after receipt of written notice from Lessee setting forth above)with specificity the nature and extent of such non-compliance, rectify the same at Lessor’s expense. If Lessee does not give Lessor written notice of non-compliance with this warranty within twelve (12) months following the Premises Modification Date, correction of that non-compliance shall be the obligation of Lessee at Lessee’s sole cost and expense. If the Applicable Requirements are hereafter changed so as to require during the term of the Lease a Capital Expenditure, it shall be allocated between Lessor and Lessee in accordance with Paragraph 2.3 of the Lease. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entitles having jurisdiction with respect to the existence of Hazardous Substances on the Expansion Premises prior to the Premises Modification Date, unless such remediation measure is required as a result of Lessee's specific and unique use (including "Alterations", as defined in paragraph 7.3(a) below) of the Premises, in which event Lessee shall be responsible for such payment. Lessee shall advise cooperate fully in any such activities at the request of Lessor, including allowing Lessor of any changes and Lessor's agents to have reasonable access to the expected cost Expansion Premises at reasonable times in order to complete the carry out Lessor’s Work (which is currently estimated at $33,000) 's investigative and shall obtain approval for any material cost increases over the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Baseremedial responsibilities.

LESSOR'S WORK. 10.1. Lessor, at Lessor's expense, shall construct and install all of the buildings, structures and improvements to be located at the Premises ("Lessor's Work") described in and in compliance with the requirements listed on Exhibit C attached hereto (the "Requirements"), and otherwise in accordance with plans and specifications shown on Exhibit D attached hereto (the "Lessor's Plan"). In the event of any conflict or inconsistency between the Requirements and Lessor's Plan, the former shall govern and control, unless and until Lessee confirms agrees otherwise in writing. All Lessor's Work shall be Substantially Completed by September 1, 1998 (the "Scheduled Completion Date") and shall be performed in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules, regulations and other requirements of governmental authorities having jurisdiction. 10.2. The Premises shall be deemed to be Substantially Completed ("Substantially Completed" or "Substantial Completion") when (a) all Lessor's Work has been completed, except for: (i) any changes or additions to the Lessor's Work submitted by Lessee to Lessor, and (ii) minor items of decoration, the absence of which does not prohibit Lessee from occupying the Premises or adversely affect the habitability of the Premises, as such items of decoration are identified in a "punch list" (as that term is commonly used in the construction industry) (the "Punch List") created pursuant to an inspection of the Premises by Lessor and Lessee, or their designated representatives; and (b) Lessor shall have obtained and provided a copy to Lessee of a Certificate of Occupancy for the Premises permitting its current information technology needs are serviced use as described in Section 1.2, which Certificate of Occupancy shall be in effect at all times during the Lease Term. The date of Substantial Completion shall be the date on which the Punch List is initialled by that certain IT room located Lessor and Lessee. The Punch List shall be initialled by Lessor and Lessee on the third floor day which is three (3) days prior to the date that Lessee begins occupying the Premises, and Lessor shall complete or correct all Punch List items within thirty (30) days after the date the Punch List is so initialled. 10.3. If the Premises are not Substantially Completed on or before the Scheduled Completion Date, then Basic Rent and Additional Rent shall ▇▇▇▇▇ for a period of time equal to the Building number of days from the Scheduled Completion Date until the date of Substantial Completion. In addition, (a) Lessor shall provide to Lessee office/warehouse space comparable to the “Existing IT Room”) servicing both Lessee Premises in any building owned by Lessor and located in the third floor tenant proximity of the Building; , for occupancy by Lessee until the Existing IT Room constitutes a Common Area; date of Substantial Completion (and Lessor shall pay rent and all other costs associated with the maintenanceLessee's occupancy of such space), repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29Lessor shall reimburse Lessee promptly after Lessor's receipt of Lessee's invoices therefor for all costs and expenses paid or incurred by Lessee from and after the Scheduled Completion Date in connection with Lessee's holdover or other temporary occupancy of any office/warehouse space, 2011 from Vector Resources addressed including, without limitation, rent and other sums payable under Lessee's lease of such space and damages payable by Lessee to Lessee under cover the landlord of letter dated October 3such space. 10.4. If the Premises are not Substantially Completed on or before the one hundred and twentieth (120th) day after the Scheduled Completion Date, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, then Lessee shall accept have the Premises in their then “as is” physical condition as right to terminate this Lease by giving written notice of the New Effective Date and such termination to Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes to the expected cost to complete the Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval for any material cost increases over the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of thereafter, with such termination becoming effective on the tenth (10th) day after receipt by LessorLessor of such notice. If Lessee so terminates this Lease, then on or before the fifth (5th) day after the day such termination becomes effective, Lessor shall refund all amounts, if any, previously paid by Lessee to Lessor pursuant to this Lease. 10.5. If Lessor fails does not substantially complete or correct all Punch List items on or before the thirtieth (30th) day after the Punch List is initialled by Lessor and Lessee then (a) Basic Rent shall ▇▇▇▇▇ for a period of time equal to timely reimburse Lessee the number of days from the date upon which the Punch List items are required to be substantially completed or corrected until the date on which all Punch List items are completed or corrected to Lessee's reasonable satisfaction, and such failure continues for more than twenty (20b) days following a second written request from Lessee, Lessee shall have an the right to complete or correct all Punch List items, and Lessee shall offset right the sum of Lessee's payments to contractors for such correction or completion of Punch List items against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%Lessee's next installment(s) of such month’s BaseBasic Rent.

LESSOR'S WORK. Lessor shall, at Lessor’s sole cost without pass through to Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor either directly or through increases in Operating Expenses, make their best effort to complete all items, and each individual item, of the Building work in Exhibit A – Lessor’s Work (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”) attached hereto prior to March 1, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises 2018, subject to force majeure and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform circumstances beyond Lessor’s Work at Lessor’s sole costreasonable control. Lessor’s Work shall be conducted in the Premises while Lessee is in occupancy thereof and paying rent under the Lease as more particularly described in: amended. Lessee shall, at Lessee’s sole cost and expense, prepare the Premises for Lessor’s Work, including, but not limited to, any and all code compliance upgrades (ato include but not be limited to ADA and Title 24) that certain Southland Industries Work Authorization Form dated August 5are required as a result of Lessor’s Work, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover packing of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee’s personal property and disconnect/re-connect of telephone and data cabling/wiring, computers, etc. Lessor shall not be responsible for the movement/relocation of Lessee’s furniture, fixtures, equipment, etc. during the construction process of Lessor’s Work. Lessee hereby accepts agrees to cooperate with Lessor and approves. The New IT Room shall be of a size to make the Premises reasonably available to Lessor and in a location as shall be reasonable and practicable. Except its contractors/vendors for the performance of Lessor’s Work. Lessee acknowledges that some interruptions and/or interference with Lessee’s business may occur during the course of Lessor’s Work, but agrees that no interruptions or inconveniences to Lessee or its business suffered as a result of Lessor’s Work shall constitute an eviction of Lessee from the Premises, whether constructive or otherwise, and Lessee shall accept in no event be excused from paying the Premises in their then “as is” physical condition as Monthly Base Rent and/or additional rent that it is scheduled to pay pursuant to the terms of the New Effective Date Lease as amended. Lessor and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise cooperate and cause their respective employees, agents and contractors to cooperate with the Lessor other to expedite completion of any changes to the expected cost to complete the Lessor’s Work (which after normal business hours or on weekends so that there is currently estimated at $33,000) and shall obtain approval for any material cost increases over not an interference with Lessee’s business operations in the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s BasePremises.

LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor of the Building (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5Lessor, 2011; at its sole cost and expense (except as otherwise provided herein), including but not limited to all hard costs, soft costs and all permit fees, development fees and pre-development fees, shall construct and complete, in the manner provided herein, the work ("Lessor's Work") in accordance with the Site Plan and the plans and specifications ("Final Plans") referenced on Exhibit D attached hereto and made a part hereof and all governmental requirements. (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes to the expected cost use best efforts to complete the Lessor’s 's Work in accordance with the Construction Schedule Chart attached hereto as Exhibit E (which "Construction Schedule Chart"). Tenant shall be entitled to attend all progress meetings regarding the Lessor's Work. Lessor acknowledges that the timely performance of the Lessor's Work so as to enable Tenant to able to open for business in the Premises on or before November 11, 1994 is currently estimated at $33,000) and shall obtain approval a material inducement to Tenant in executing this Lease. Therefore, Lessor agrees that, if for any material cost increases reason whatsoever, including but not limited to Unavoidable Delays (as defined in Section 5.5(b) below), any work is not substantially completed by the date set forth on the Construction Schedule Chart (with Tenant being reasonably satisfied that final completion of Premises A occurring on or before November 11, 1994), then Tenant shall have the right, upon 72 hours written notice to Lessor to complete Lessor's Work or correct deficiencies therein, at Lessor's expense, provided Lessor shall not be liable for any amount expended by Tenant over the original cost projectionsline item budget as agreed to by Lessor and Tenant, plus twenty-five percent (all 25%). Following 30 days of which written demand for reimbursement and submission of proof of expenditure, Tenant shall be borne permitted to offset against fixed rent or other sums to be paid by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted Tenant under this Lease an amount equal to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Basecosts incurred

LESSOR'S WORK. Lessee confirms that On or before the Commencement Date Lessor, at its current information technology needs are serviced by that certain IT room located on sole cost, shall complete the third floor preparation of the Building (Premises for the “Existing IT Room”) servicing both Lessee and the third floor tenant occupancy needs of the Building; the Existing IT Room constitutes Tenant, expressly identified and attached hereto as Exhibit “B” and made a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense part hereof by this reference (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services ). Lessor shall deliver the Premises and its relocation to a new room (Tenant in satisfaction of all the “New IT Room”) to be constructed within the Premises. Lessee shall perform following conditions: Lessor’s Work at Lessorand the Premises are substantially complete in accordance with this Lease; the Premises satisfies all applicable building codes then in effect relating to Landlord’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011Work; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications the Premises is in suitable condition for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be occupancy with the receipt of a size valid certificate of occupancy, or its equivalent, if applicable, allowing Tenant to conduct its business at the Premises; upon receipt of an approval letter from the State Fire ▇▇▇▇▇▇▇▇, if applicable; and in a location as shall be reasonable and practicable. Except for the performance upon acceptance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes to the expected cost to complete the Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval for any material cost increases over the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly writing by the Lessee. Tenant must accept or reject the Premises, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee in writing, within ten (10) days of Tenant’s receipt by of a valid certificate of occupancy. Upon acceptance and receipt of Lessor’s work not to exceed $ invoice, Tenant shall reimburse the full cost of Lessor’s W ork to Lessor included with the first month’s Base Rent. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty does not receive any written notice from Tenant regarding its acceptance or rejection of the Premises within ten (2010) days following of its receipt of a second written request from Lesseevalid certificate of occupancy, Lessee then the Premises shall be deemed accepted by Tenant. In the event the date on which Lessor delivers the Premises to Tenant after the Commencement Date, said delivery of the Premises under this Section shall have an offset right against Base Rent no effect on the definition of Commencement Date and shall not change the Term as specified under Section 2 above. All of Landlord’s Work will be in compliance with Fire ▇▇▇▇▇▇▇▇ Regulations, Americans with Disabilities Act of 1990, and all other building codes and industry standards as required by local, State and Federal codes and the authority having jurisdiction. The contractor and any sub- contractors shall pay the higher of the U.S. Department of Labor minimum wage rates or the West Virginia Department of Labor wage rates as established for the County in which the work is being performed pursuant to the extent of any unpaid reimbursement amountsWest Virginia Code § 21-5A-1, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Baseet seq.

LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor of the Building (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenanceLessor, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole costcost and expense, shall provide a Tenant Improvement Allowance in the amount of $20,000.00 (the “Tenant Improvement Allowance”). The Tenant Improvement Allowance may be used for any and all costs related to the improvement of the Premises or Common Areas as approved by Lessor or as recommended or required by Applicable Requirements. Lessee shall use Lessor’s Work contractor and shall submit all plans and designs for the improvements to Lessor for approval which shall not be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5unreasonably withheld. The Tenant Improvement Allowance shall not be used for furniture, 2011; (b) that certain proposal dated September 29equipment, 2011 from Vector Resources addressed data cabling, or any other item considered to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July be Lessee’s personal property. On or before June 30, 2011 from LCS Constructors Inc. 2021, Lessee must submit to LesseeLessor all receipts, lien releases, proof of payments, and (d) online specifications for an OptiPlex Dell computerany other necessary paperwork requested by Lessor, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except along with written notice requesting reimbursement for the performance Tenant Improvement Allowance. Lessor will reimburse Lessee within thirty (30) days of Lessor’s Workreceipt of such notice and all documentation referenced above for actual expenses incurred, Lessee shall accept not to exceed the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above)Tenant Improvement Allowance. Lessee shall advise the Lessor of any changes to the expected cost to complete the not commence Tenant Improvements without Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval for any material cost increases over written consent of the original cost projections, (all of alterations which shall not be borne by Lessor)unreasonably withheld or delayed. If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment Lessor shall be submitted to the Lessor and reimbursement shall be paid to inform Lessee that consent has been granted or denied within ten (10) days of Lessor’s receipt of the plans and designs for the improvements required under this Paragraph 4. Lessor agrees that any Tenant Improvement Allowance granted under the lease at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇-▇▇ may be used interchangeably by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lesseethe improvement of the Premises at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Base▇▇▇▇▇ ▇▇.

LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on Lessor agrees to complete the third floor following work in the Premises, at Lessor's expense: a. a new lobby entry; b. an employee lounge; c. a landscape barrier (the "Landscape Barrier")to shield the Building from the Rinc▇▇ ▇▇▇ineering property which is adjacent to the Building; and d. repainting of the Building. The new lobby entry and the employee lounge shall be constructed according to the plans and specifications of Lessor's architect previously approved by Lessee and shall be completed on or before April 1, 1998. The landscape barrier shall be consistent with the landscaping plan approved by the City of Carpinteria for the new buildings which are intended to be constructed by Lessor adjacent to the Building and shall be completed by April 1, 1998. The repainting of the existing Building will be coordinated with the painting of the buildings to be constructed and will be completed by December 31, 1998. In the event these improvements are not substantially completed as outlined above, for each day between April 1, 1998 and May 31, 1998 which Lessee cannot occupy a space due to completed, from and after the time Lessee occupies such space and is otherwise obligated to pay rent on such space, Lessee shall be entitled to occupy such space for 3 days rent free. If either the lounge or the new lobby is not substantially completed by June 1, 1998, Lessee shall be entitled to occupy rent free from and after June 1, 1998 until such space is completed, a portion of the existing space three (3) times the “Existing IT Room”) servicing both intended size of the space not so completed and additionally the free rent to which Lessee was otherwise entitled for Lessor's failure to complete such improvements through May 31, 1998, shall all be applied to rent next coming due under the Lease. With regard to Lessor's failure to timely complete the Landscape Barrier or the repainting of the Building, Lessee may, but shall not be obligated to, undertake such improvements and offset the costs of such improvements against the rent next coming due under the Lease. For all purposes hereunder, "substantial completion" shall be no later than the date Lessee occupies a space and prior to the completion of minor "punchlist" items. Any change order to the above improvements initiated by Lessee shall be in writing and specify the additional costs to be paid by Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes additional days added to the expected cost to complete the Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval timeline for any material cost increases over the original cost projectionscompletion, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of such month’s Baseif any.

LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor of the Building (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenancea. Lessor, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole costcost and expense except as provided in Paragraph 12.d below, shall cause its designated contractor to perform the following work ("Lessor's Work"): i. Repair the asphalt and slurry and stripe both the northeast parking area and the parking lot on the west side of the Premises to provide executive, handicap, visitor and other employee parking. ii. Design and install a mutually acceptable enhanced façade at the current entrance to the Premises on the south side of California Street, including ten new windows (Marked on Exhibit "D-1" as the "Lessor's Work Windows"), and any ADA required exterior handicapped ramp, in substantial conformance with the conceptual drawing attached hereto as Exhibit "D". iii. Incorporate windows into the above design to provide more natural light into the office area. iv. Repair exterior walls to reasonably minimize water intrusion. v. Provide for physical access at all times to any rooms at the total project containing equipment that provides electricity to portions of the Premises. vi. Install any exterior ADA alterations to the Premises and/or Common Area required as a result of Lessor's Work or the Tenant Improvements. It is specifically understood and agreed that any interior ADA alterations to the Premises required as a result of Lessor's Work or the Tenant Improvements will be the sole responsibility of Lessee. vii. Install eight new windows (in addition to the ten windows referred to in Paragraph 12.a.ii above) marked as the "Window Work Windows") as shown on Exhibit "D-1" attached hereto (the "Window Work") Window Work shall include, but not be limited to, : saw cutting thru the walls, brick removal, structural steel application, temporary shoring of the windows and glazing. ▇. ▇▇▇▇▇▇ shall perform the Lessor's Work in accordance with all governmental requirements and applicable laws and the conceptual drawing which has been prepared by Lessor and approved by Lessee, and which is attached hereto as Exhibit "D". Lessor shall prepare the final working drawings for building permit and construction purposes ("Plans and Specifications") in accordance with the conceptual drawing attached hereto as Exhibit "D". Lessor shall not make any material deviations from the conceptual drawing in the preparation of or subsequent changes to the Plans and Specifications without the consent of Lessee, which consent shall not be unreasonably withheld. Subject to extension for delays caused by Lessee and "Force Majeure", Lessor shall apply for building permits necessary to perform Lessor's Work no later than thirty (30) days after mutual execution of this Amendment, diligently pursue the issuance of such permits, use commercially reasonable efforts to substantially complete Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover within 120 days after issuance of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lesseeall necessary building permits, and in any event substantially complete Lessor’s Work within 240 days after mutual execution of this Amendment. Lessee acknowledges that the performance of certain of Lessor's Work may result in the disruption of the Lessee's operations in the Premises, (d) online specifications for an OptiPlex Dell computerprovided that Lessor shall use commercially reasonable efforts to minimize such disruption), all and may require Lessee to vacate areas of which Lessee hereby accepts the Premises where work is to be performed so that such areas are available to Lessor to perform such work, and approves. The New IT Room shall be of a size and any delay in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, 's Work resulting from the failure of Lessee shall accept to timely comply with such requirements may extend the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation time periods available to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above)Lessor's Work. Lessee shall advise the Lessor of agrees that it will not unreasonably withhold its consent to any changes to the expected cost Plans and Specifications required by governmental authority as a condition to complete the Lessor’s Work (which is currently estimated at $33,000) issuance of building permits. For purposes of this Amendment "Force Majeure" shall mean inclement weather, fire, earthquake, other acts of God, government action or inaction, and shall obtain approval for acts of war and civil disturbance, or any material cost increases over the original cost projectionsother cause, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted whether similar or dissimilar to the Lessor foregoing, not within the reasonable control of the respective party which prevents delays, retards or hinders the performance of the obligations of a party. c. If the Lessee requests changes to the Plans and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from LesseeSpecifications, Lessee shall have an offset right against Base Rent submit to Lessor a written request for a change order ("Change Order Request") detailing the desired change. Provided that Lessor has no reasonable objection to the extent Change Order Request, Lessor shall deliver the Change Order Request to Lessor's Contractor. Lessor's Contractor shall notify Lessor in writing of any unpaid reimbursement amountsthe Work Cost of and time delay ("Change Order Statement"), provided if any, that would be necessitated by the adoption of the Change Order Request. Lessor shall deliver to Lessee the Change Order Statement within three (3) business days after receipt of the same from Lessor's Contractor. The Change Order Statement shall include estimated costs (including an administrative fee payable to ▇▇▇▇▇▇ Management Company in no event shall an amount for each Change Order equal to the rental offset in any month exceed fifty percent (50%) greater of $1,000.00 or 2.5% of the cost of such month’s BaseChange Order) and time delay required to revise the Plans and Specifications and secure additional permits, if required, for the desired changes. Within three (3) business days after receipt of the Change Order Statement from Lessor, Lessee shall notify Lessor in writing if Lessee desires to incorporate the Change Order Request into the Plans and Specifications, and upon such notification the Change Order Request shall become a "Change Order".