Common use of Performance of the Work Clause in Contracts

Performance of the Work. The Developer shall procure all necessary Approvals before undertaking any Work, and shall cause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.

Performance of the Work. The (a) Developer shall procure cause Contractor(s) to: (1) Provide, furnish and maintain at its expense during the construction period of the Casino Complex an appropriate separate facility located at the project area for use by the PM and the PM's staff as a field office. Developer shall pay or reimburse EDC for the reasonable cost of furnishing and equipping such facility for the PM and the PM's staff. In addition, until six (6) months following the Completion Date, Developer shall pay or reimburse EDC for all necessary Approvals before undertaking any documented fees and reasonable expenses of EDC for the services of the PM and the PM's staff, to the extent the PM and PM's staff are providing services to the Development. The EDC and Developer shall agree no later than the Closing Date on a written budget for the PM and the PM's staff. (2) Deliver to the PM copies of the temporary and final certificates of occupancy for the Casino Complex. (b) Developer shall give all notices and comply, and shall use all reasonable efforts to cause Contractor and all Consultants to comply, with all Governmental Requirements applicable to the Work, and shall obtain, or use all reasonable efforts to cause Contractors and/or all Consultants, as applicable, to obtain, all licenses or other authorizations necessary for the prosecution of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Work. (c) Developer shall take all commercially and reasonably necessary measures reasonable precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience protect from damage caused by the ProjectWork, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and property adjacent to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification or in close proximity to the Town Development and shall be responsible for damage or injury to adjacent public and private property resulting from its construction operations. This applies, but is not limited, to public utilities, trees, lawn areas, buildings, monuments, fences, pipes and underground structures and public streets (except natural wear and tear of streets resulting from legitimate use thereof by Developer) and, wherever such property is damaged due to the activities of Developer’s architect, it shall be restored promptly by Developer, at the Developer’s its own expense, that to substantially the Work has been performed substantially in accordance with condition which existed immediately before such damage. In case of failure on the Approved Plans part of Developer to restore or take steps to restore and the Approved Construction Documents. The Developer shall diligently prosecute such restoration, or make good such damage or injury, EDC may, upon thirty (30) days written notice to Developer, proceed to repair, rebuild, or otherwise restore such property as may be solely responsible for awarding and administering all construction contracts for the construction of the Projectnecessary, and the Seller cost thereof shall have no obligation be immediately due and payable to awardEDC. (d) Developer shall confine the equipment, administer or make any payments under any such construction contractapparatus, nor any liability thereunder. The Seller shall not be responsible for making any payments materials and supplies of Developer, the Contractor(s), the Architect(s), Consultants, subcontractors and all employed by them to any contractors, subcontractors, agents, consultants, employees or suppliers the limits of the Developer. The Developer shall Project Site or as otherwise permitted by law or Permits. (e) City acknowledges that certain temporary construction easements or other rights may be solely responsible necessary for all costs and expenses of (a) the design, permitting and construction performance of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipmentWork, and fixtures relating City agrees to provide, if available to the ProjectCity without cost, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating the necessary temporary easements or other rights subject to its reasonable approval. Any delay in providing or failure to provide such necessary easements that are available to the ProjectCity without cost shall extend the applicable schedules to the extent the delay or failure delays the Work.

Performance of the Work. The Developer shall procure With the exclusion of all necessary Approvals before undertaking any Enabling Work, StadCo shall not do or permit others to do any Project Improvements Work unless and until (i) StadCo shall cause have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall be (i) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (ii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition, or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (iii) constructed and all applicable performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption disruption, or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. The Developer StadCo shall procure not do or permit others to do any Project Improvements Work (and all necessary Approvals before undertaking any Enabling Work) unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (v) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (w) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (x) constructed and all applicable performed using qualified workers and subcontractors; (y) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (z) subject to Section 7.13 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled as required by Applicable Law and in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, particular circumstances and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectas required by Applicable Law.

Performance of the Work. The Developer (a) Prior to the commencement of any Tenant Change, Tenant, at its expense, shall procure require Tenant’s general contractor and all necessary Approvals before undertaking any Worksubcontractors to verify on-site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or building manager to determine suitable access routes to the Premises, designated loading, unloading and storage areas for materials, working hours, temporary utilities, safety precautions and procedures, and rubbish removal and scheduling. (b) Tenant, at its expense, shall cause all of the Work such Tenant Change to be performed in a good and workerlike manner, (i) in compliance with good engineering all Legal Requirements and Insurance Requirements and with Landlord’s construction practicesrules and regulations attached hereto as Exhibit G (the “Construction Rules and Regulations”), (ii) in such manner as not to interfere with, delay or impose any additional expense (beyond a de minimis extent) upon the Landlord, the Condominium, any other owner of a unit in the Condominium or any other tenant in the Building in the maintenance or operation of the Building and so as to maintain harmonious labor relations in the Building, (iii) with diligence and continuity to completion, (iv) in accordance with the Approved PlansFinal Working Drawings submitted to, and approved by, Landlord, and (v) only with the use of new first-class materials and supplies. Landlord shall be under no obligation to coordinate Tenant’s work or prepare the Premises therefor and Landlord shall have no liability with respect to the installation thereof. (c) If the connection of any utilities, fittings or fixtures of Tenant shall require a shut-down of any Building System or service or shall interfere with Building operations or the use of any other portion of the Building or shall necessitate so-called “tie-ins”, then the same shall be coordinated with Landlord and shall be performed only with Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed; Tenant may only perform “tie-in” work with subcontractors reasonably approved by Landlord and in any such case Section 15.10 shall be applicable thereto; provided that, notwithstanding the foregoing, connections to, and disconnections from, the Approved Construction DocumentsBuilding’s fire alarm system, BMS system and all applicable Laws condenser water system shall be performed only by the contractors set forth on Exhibit K attached hereto and made a part hereof, or, with respect to Tenant Changes made after the provisions completion of all ApprovalsTenant’s Work, such other contractors as may be designated by Landlord provided such contractors charge competitive rates and are available to perform the tie-in in question. (d) If by reason of the performance of Tenant’s Work or any Tenant Change thereafter, any labor disruption or dispute shall occur at or affect the Building, Tenant shall make reasonable efforts to mitigate the labor disruption or dispute. The Developer If by reason of the performance of Tenant’s Work, or any Tenant Change thereafter, there is any interference with the use and enjoyment of the premises occupied by any other occupant in the Building, or if the Premises or the Building (or any work or installations in any of the foregoing) is damaged, or if the performance of such Tenant Change otherwise interferes with the use or occupancy of any part of the Building, Tenant shall take all commercially and reasonably necessary measures to (i) minimize dustpromptly upon Landlord’s written request, noise, light trespasswork collaboratively to remedy the condition or conditions complained of at Tenant’s sole cost and expense, and construction traffic, (ii) minimize indemnify and hold Landlord and the Board of Managers harmless from and against any damageliability, disruption cost or inconvenience caused by expense (including reasonable attorneys’ fees and disbursements) connected with or arising from such condition or conditions and the Project, and (iii) make adequate provision for the safety and convenience remedy or removal of all persons affected thereby and to police the same. As a precondition for . (e) Tenant hereby indemnifies Landlord (and any Landlord Party) against any liability arising out of or related to any Tenant Change and the issuance of performance thereof or any Certificate of Occupancy for a Buildingaccident, the Developer shall provide a certification incident or damage to person or property occurring in connection therewith, except to the Town by extent such accident, incident or damage shall result from the Developer’s architectnegligence or willful misconduct of Landlord or any Landlord Party. Subject to Section 17.06 hereof, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer Tenant shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating damage to the ProjectPremises or the Building (or the work or installations in any thereof) resulting from any Tenant Change and Tenant agrees to indemnify and hold Landlord harmless from and against all such damage, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating except to the Projectextent such damage shall result from the willful misconduct of Landlord or any Landlord Party. (f) Notwithstanding anything to the contrary contained in this Lease, all Tenant Changes are subject to Landlord’s rights under Section 18.01 hereof.

Performance of the Work. The Developer (a) Prior to the commencement of any Tenant Change (other than painting, carpeting, wall covering and similar minor decorative changes), Tenant, at its expense, shall procure on Business Days during Business Hours require Tenant's general contractor and all necessary Approvals before undertaking any Worksubcontractors to verify on-site dimensions and existing conditions and to attend a pre-construction meeting with Landlord's construction or building manager to determine suitable access routes to the Premises, designated loading, unloading and storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures. (b) Tenant shall cause all of the Work such Tenant Change to be performed in a good and workerlike manner, (i) in compliance with good engineering all Legal Requirements and construction practices, Insurance Requirements and in accordance compliance with the Approved Plans, the Approved Landlord's Construction Documents, Rules and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction trafficRegulations, (ii) minimize in such manner as not to unreasonably interfere with or delay, or impose any damageadditional expense upon Landlord in the maintenance or operation of the Building (unless Tenant shall agree to reimburse Landlord for such expense) and so as not to cause labor problems in the Building, disruption or inconvenience caused by the Project(iii) with diligence and continuity to completion, and (iiiiv) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans Final Working Drawings submitted to and the Approved Construction Documentsapproved by Landlord. The Developer Landlord shall be solely responsible for awarding under no obligation to coordinate Tenant's work or prepare the Premises therefor and administering all construction contracts for the construction of the Project, and the Seller Landlord shall have no obligation liability with respect to awardthe installation thereof. Subject to the Construction Rules and Regulations with respect to the manner of performance of such Tenant Changes, administer or make any payments under Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that Tenant shall furnish Landlord with reasonable advance notice of the performance of any such construction contractTenant Change. In the case of any conflict or inconsistency between the provisions of this Lease and any of the Construction Rules and Regulations, nor the provisions of this Lease shall control. (c) If the connection of any liability thereunder. The Seller utilities, fittings or fixtures of Tenant shall require a temporary shut-down of any Building system or service or shall interfere with Building operations or the use of any other portion of the Building, then the same shall be coordinated with Landlord and shall be performed only with Landlord's prior consent, which consent shall not be responsible for making unreasonably withheld. Tenant shall, at its expense, perform the connection work other than with respect to the fire alarm and life safety systems. Landlord, at Tenant's reasonable expense, shall perform such shut-down work itself or have such work performed by third-party contractors at commercially reasonable rates. (d) If by reason of the performance of any payments Tenant Change any work stoppage or labor disruption or dispute shall occur at or affecting the Building (other than any work stoppage or labor disruption or dispute affecting only the Premises), Landlord and Tenant shall mutually cooperate to remedy the same, provided that Tenant shall cease the performance of such Tenant Change during the continuance of such work stoppage or labor disruption or dispute (unless such work stoppage or labor disruption or dispute affects only the Premises). Landlord agrees to use reasonable efforts to enforce provisions contained in other leases of space at the Building which are similar to the provisions of the preceding sentence in a uniform manner and Landlord shall not enforce the provisions of this subparagraph in a manner which discriminates against Tenant. If by reason of the performance of any Tenant Change there shall be any material interference with the use and enjoyment of the Premises demised to any contractors, subcontractors, agents, consultants, employees other tenant or suppliers occupant in the Building or if the Premises or the Building (or any work or installations in either) shall be damaged or if the performance of such Tenant Change shall otherwise interfere with the use or occupancy of any part of the DeveloperBuilding, Tenant shall upon Landlord's request remedy or remove the condition or conditions complained of. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating Notwithstanding anything to the Projectcontrary contained in this Section 15.6(d), Landlord and Tenant agree that if in connection with Tenant's initial move into the Building any work stoppage or labor disruption or dispute shall occur at or affecting the Building, Tenant shall not be required to cease such initial move into the Building provided that (i) Tenant shall cause such move to be completed as expeditiously as possible, and (cii) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys Landlord and consultants relating Tenant shall mutually cooperate to the Projectremedy such work stoppage or labor disruption or dispute.

Performance of the Work. ‌ The Developer shall procure all necessary Approvals before undertaking any Work, and shall cause all of the Work to be performed in a good and workerlike manner, in compliance with good engineering and construction practices, and in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and the provisions of all Approvals. The Developer shall take all commercially and reasonably necessary measures to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, and (iii) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs and expenses of (a) the design, permitting and construction of the Project, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Laws, (b) all products, materials, tools, equipment, and fixtures relating to the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Project.

Performance of the Work. The Developer With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and CONFIDENTIAL paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (Ai) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (Bii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (Ciii) constructed and all applicable performed using qualified workers and subcontractors; (Div) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (Ev) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. The Developer With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement, StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (i) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (ii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (iii) constructed and all applicable performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.

Performance of the Work. The Developer A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall procure on Business Days during Business Hours require Tenant’s general contractor and all necessary Approvals before undertaking any Worksubcontractors to verify on site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or building manager, provided Landlord’s construction or project manager makes himself available for such a meeting on a timely basis which Landlord hereby agrees to cause him to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures. B. Tenant shall cause all of the Work Tenant Changes to be performed in a good and workerlike manner, (i) in compliance with good engineering all Legal Requirements and Insurance Requirements and in compliance with Landlord’s construction practices, rules and regulations attached hereto Exhibit 13.06B (as amended from time to time in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and subject to the provisions of all Approvals. The Developer shall take all commercially Article 26 hereof, the “Construction Rules and reasonably necessary measures to (iRegulations”) minimize dust, noise, light trespass, and construction trafficmade a part hereof and the Design Guidelines, (ii) minimize any damagein such manner as not to unreasonably interfere with the Operation of the Property and so as not to cause labor problems in the Building or the Unit, disruption or inconvenience caused by the Project(iii) with diligence and continuity to completion, (iv) using new, first class materials, and (iiiv) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans Final Working Drawings submitted to and approved by Landlord as the Approved same may be modified from time to time with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change or for any change order of less than $50,000 unless the same materially changes the scope of the Tenant Change or is of such a nature (regardless of cost) that it would independently be subject to Landlord’s consent). Landlord shall be under no obligation to coordinate the performance of any work to be performed as part of any Tenant Change or prepare the Demised Premises therefor and Landlord shall not have liability to Tenant with respect to the installation thereof. Subject to the Construction DocumentsRules and Regulations with respect to the manner of performance of such Tenant Changes, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, provided that Tenant shall furnish Landlord with reasonable advance notice of the performance of any Prohibited Work being performed on any floor (the “Prohibited Work Floor”) of the Demised Premises when other tenants of the Building and/or the Unit are in occupancy for the conduct of their business of all or any portion of any floor (each, an “Impacted Floor”) immediately above and/or below the Prohibited Work Floor (unless all of the Impacted Floors are included in the Demised Premises) if such Prohibited Work adversely affects such other tenant’s use of its demised premises or the Building, the Common Elements, the FC Limited Common Elements, the NYTC Limited Common Elements or the Building common areas, in each instance beyond a de minimis extent, in which event such Prohibited Work shall be performed during hours other than Business Hours on Business Days as reasonably designated by Landlord. The Developer Tenant shall be solely responsible for awarding and administering all construction contracts for the construction any additional costs incurred as a result of the Projectforegoing requirement. C. Upon and subject to the terms of this Article, Tenant may construct internal staircases between floors within the Office Space and structurally reinforce the Seller floors of the Demised Premises (it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Prohibited Work relating thereto including, but not limited to, all core drilling in connection therewith during non-Business Hours on an overtime basis). Tenant shall have no obligation the right to award, administer or make any payments under any select the location of such construction contract, nor any liability thereunder. The Seller internal staircases subject to Landlord’s approval which shall not be responsible for making unreasonably withheld so long as the same shall not adversely affect the structural integrity of the Building and/or the Unit and otherwise complies with the Design Guidelines. D. If the connection of any payments utilities, fittings or fixtures of Tenant shall require a temporary shut-down of any Building system or service or shall interfere with Building operations or the use of any other portion of the Building, then the same shall be coordinated with Landlord and shall be performed only with Landlord’s prior consent, which consent shall not be unreasonably withheld, provided the same does not adversely affect any other tenant or occupant of the Building or the Unit or the Building common areas or any work being performed by or on behalf of Landlord in connection therewith. Tenant shall, at its sole cost and expense, perform such connection work other than any connection work with respect to any the fire alarm, life safety systems, building management systems and/or access control or security systems, which work shall be performed by Landlord’s designated contractors, subcontractorsat Tenant’s sole cost and expense at a cost not to exceed commercially competitive rates that would be charged by a comparable contractor in the City in the absence of such relationship. E. If, agents, consultants, employees or suppliers by reason of the Developerperformance of any Tenant Change, any work stoppage or labor disruption or dispute shall occur at or affecting the Building or the Unit (other than any work stoppage or labor disruption or dispute affecting only the Demised Premises), Tenant shall cease the performance of such Tenant Change during the continuance of such work stoppage or labor disruption or dispute (unless such work stoppage or labor disruption or dispute affects only the Demised Premises), provided that Landlord and Tenant shall reasonably cooperate with one another to seek to resolve the basis for such work stoppages or dispute. The Developer If by reason of the performance of any Tenant Change (i) there shall be solely responsible for all costs and expenses of any material interference with (a) the design, permitting use and construction enjoyment of the Project, including the installation of all utilities and site work and premises demised to any other measures necessary tenant or occupant in the Building and/or the Unit or to construct and occupy the Project in compliance with this Agreement and all applicable Laws, Building common areas or (b) all productsany work being performed by or on behalf of Landlord therein and/or (ii) the Demised Premises or the Building and/or the Unit or the Building common areas (or any work or installations in either) shall be damaged, materialsthen Tenant shall immediately remedy or remove such condition or conditions. F. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for Tenant’s Initial Work, tools, equipmentwhich have been signed and sealed by Tenant’s Architect, and fixtures relating to the Projecta completed form PW-1 for Landlord’s signature, and Landlord shall provide Tenant with an ASB-4 (cor such other equivalent certificate) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectthat may be required in connection with Tenant’s Initial Work.

Performance of the Work. The Developer A. Prior to the commencement of any Tenant Change (other than decorative Tenant Changes), Tenant, at its sole cost and expense, shall procure on Business Days during Business Hours require Tenant’s general contractor and all necessary Approvals before undertaking any Worksubcontractors to verify on site dimensions and existing conditions and to attend a pre-construction meeting with Landlord’s construction or building manager, provided Landlord’s construction or project manager makes himself/herself available for such a meeting on a timely basis which Landlord hereby agrees to cause him/her to do, to determine suitable access routes to the Demised Premises, designated loading, unloading and storage areas for materials, working hours, temporary utilities, safety precautions and procedures, rubbish removal and scheduling procedures. B. Tenant shall cause all of the Work Tenant Changes to be performed in a good and workerlike manner, (i) in compliance with good engineering all Legal Requirements and Insurance Requirements and in compliance with Landlord’s construction practices, rules and regulations attached hereto Exhibit 13.06B (as amended from time to time in accordance with the Approved Plans, the Approved Construction Documents, and all applicable Laws and subject to the provisions of all Approvals. The Developer shall take all commercially Article 26 hereof, the “Construction Rules and reasonably necessary measures to (iRegulations”) minimize dust, noise, light trespass, and construction trafficmade a part hereof and the Design Guidelines, (ii) minimize any damagein such manner as not to unreasonably interfere with the Operation of the Property and so as not to cause labor problems in the Building or the Unit, disruption (iii) with diligence and continuity to completion, (iv) using new or inconvenience caused by the Projectrecycled, first class materials, and (iiiv) make adequate provision for the safety and convenience of all persons affected thereby and to police the same. As a precondition for the issuance of any Certificate of Occupancy for a Building, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans Final Working Drawings submitted to and approved (or deemed approved) by Landlord as the Approved same may be modified from time to time with Landlord’s approval (it being agreed that Landlord’s approval shall not be required for any Permitted Tenant Change or for any change order of less than $50,000 unless the same materially changes the scope of the Tenant Change or is of such a nature (regardless of cost) that it would independently be subject to Landlord’s consent). Landlord shall be under no obligation to coordinate the performance of any work to be performed as part of any Tenant Change or prepare the Demised Premises therefor and Landlord shall not have liability to Tenant with respect to the installation thereof. Subject to the Construction DocumentsRules and Regulations, Tenant shall be permitted to perform Tenant Changes during Business Hours and at all other times, except that, with respect to any Restricted Work, Tenant shall furnish Landlord with reasonable advance notice thereof and such Restricted Work shall only be performed during hours other than Business Hours on Business Days as reasonably designated by Landlord. The Developer Tenant shall be solely responsible for awarding and administering all construction contracts for the construction any additional costs incurred as a result of the Projectforegoing requirement. C. Upon and subject to the terms of this Article, Tenant may, as part of Tenant’s Initial Work or future Tenant Changes, construct internal staircases between floors within the Office Space (excluding the 51st Floor Space) and structurally reinforce the floors of the Demised Premises (it being acknowledged that Landlord shall be permitted to obligate Tenant to perform any Restricted Work relating thereto including, but not limited to, all core drilling in connection therewith during non-Business Hours on an overtime basis). Tenant shall have the right to select the location of such internal staircases which location (as distinguished from Tenant’s right, subject to the terms hereof, to install such internal staircases) shall be subject to Landlord’s approval which shall not be unreasonably withheld so long as the same shall not adversely affect the structural integrity of the Building and/or the Unit and otherwise complies with the Design Guidelines. D. Upon and subject to the terms of this Article, including, without, limitation, Landlord’s approval of the Final Working Drawings therefor, Landlord hereby approves the locations for proposed Specialty Bathroom Work as set forth on Exhibit 13.06D annexed hereto and made a part hereof. E. Tenant acknowledges that certain of the exterior window panels in the 51st Floor Space are opaque; it being agreed that the nature of such window panels in no event shall constitute a Material Window Blocking, Landlord shall not have liability to Tenant therefor, and the Seller same shall not constitute an actual or constructive eviction and no diminution or abatement of rent or other compensation shall or will be claimed by Tenant as a result thereof. Provided that Tenant has not made (subject to the last sentence of Section 2.02B hereof), a 51st Floor Space Use Change Election, Tenant shall have the right to replace one or more of such opaque window panels with visions panels as a Tenant Change (the “51st Floor Window Work”), which such Tenant Change Landlord hereby approves of being performed in concept, subject to the terms of this Section 13.06E and compliance with the other terms of this Article 13. Notwithstanding anything to the contrary contained herein, upon approval of the Final Working Drawings for the 51st Floor Window Work by Landlord and receipt of all other necessary approvals therefor, Landlord shall perform the 51st Floor Window Work on Tenant’s behalf. All of the reasonable hard and soft costs incurred by Landlord in connection with the 51st Floor Window Work shall be the sole responsibility of Tenant and are subject to a construction management fee of 3%, which costs and management fee shall be payable with thirty (30) days of demand together with reasonable supporting documentation. If Tenant elects to have the 51st Floor Window Work performed as permitted hereunder, Landlord and Tenant shall enter into mutually acceptable agreements relating thereto. Tenant acknowledges that the 51st Floor Window Work shall be subject to any required approvals under the Superior Instruments and from applicable Governmental Authorities and, in connection therewith, Landlord agrees to reasonably cooperate with Tenant in seeking to have the 51st Floor Window Work but Landlord makes no obligation representation or warranty as to awardwhether such approval will be obtained, administer or make any payments under the same shall be without liability of Landlord to Tenant, and the failure to get any such construction contractapproval shall in no event be deemed an actual or constructive eviction of Tenant nor entitle Tenant to any credit against or diminution or abatement of Fixed Rent or Additional Rent payable by Tenant under this Lease. F. If the connection of any utilities, nor fittings or fixtures of Tenant shall require a temporary shut-down of any liability thereunder. The Seller Building system or service or shall interfere with Building operations or the use of any other portion of the Building, then the same shall be coordinated with Landlord and shall be performed only with Landlord’s prior consent, which consent shall not be responsible for making unreasonably withheld, provided the same does not adversely affect any payments other tenant or occupant of the Building or the Unit or the Building common areas or any work being performed by or on behalf of Landlord in connection therewith. Tenant shall, at its sole cost and expense, perform such connection work other than any connection work with respect to the fire alarm, life safety systems, building management systems, security or access control systems and/or proprietary systems of any Landlord Entity, which work shall be performed by Landlord’s designated contractors, subcontractorsat Tenant’s sole cost and expense at a cost not to exceed commercially competitive rates that would be charged by a comparable contractor in the City in the absence of such relationship. G. If, agents, consultants, employees or suppliers by reason of the Developerperformance of any Tenant Change, any work stoppage or labor disruption or dispute shall occur at or affecting the Building or the Unit (other than any work stoppage or labor disruption or dispute affecting only the Demised Premises), Tenant shall cease the performance of such Tenant Change during the continuance of such work stoppage or labor disruption or dispute (unless such work stoppage or labor disruption or dispute affects only the Demised Premises), provided that Landlord and Tenant shall reasonably cooperate with one another to seek to resolve the basis for such work stoppages or dispute. The Developer If by reason of the performance of any Tenant Change (i) there shall be solely responsible for all costs and expenses of any material interference with (a) the design, permitting use and construction enjoyment of the Project, including the installation of all utilities and site work and premises demised to any other measures necessary tenant or occupant in the Building and/or the Unit or to construct and occupy the Project in compliance with this Agreement and all applicable Laws, Building common areas or (b) all productsany work being performed by or on behalf of Landlord therein and/or (ii) the Demised Premises or the Building and/or the Unit or the Building common areas (or any work or installations in either) shall be damaged, materialsthen Tenant shall immediately remedy or remove such condition or conditions. H. Promptly after Tenant shall have delivered to Landlord approved Final Working Drawings for Tenant’s Initial Work, tools, equipmentwhich have been signed and sealed by Tenant’s Architect, and fixtures relating to the Projecta completed form PW-1 for Landlord’s signature, and Landlord shall provide Tenant with an ASB-4 (cor such other equivalent certificate) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectthat may be required in connection with Tenant’s Initial Work.

Performance of the Work. The Developer [With the exclusion of all Enabling Work which is performed pursuant to the Enabling Work Agreement,] StadCo shall procure all necessary Approvals before undertaking not do or permit others to do any WorkProject Improvements Work unless and until (i) StadCo shall have first procured and paid for applicable permits, licenses, and approvals then required under Applicable Law to commence the specific work being performed and (ii) StadCo has complied with the Insurance Covenants. All such Project Improvements Work shall cause be (i) prosecuted with reasonable diligence and completed with all of the Work reasonable dispatch, subject to be Force Majeure; (ii) constructed and performed in a good and workerlike manner, in compliance with good engineering and construction practices, and workmanlike manner in accordance with standard construction practices for construction, repair, renewal, renovation, demolition, rebuilding, addition, or alteration, as the Approved Planscase may be, of improvements similar to the Approved Construction Documents, Project Improvements; (iii) constructed and all applicable performed using qualified workers and subcontractors; (iv) constructed and performed in accordance with Applicable Laws and the provisions terms of all Approvalsthis Agreement; and (v) subject to Section 7.14 below, free of any Liens other than any Leasehold Mortgage permitted pursuant to the terms of the Stadium Lease. The Developer StadCo shall take all commercially and reasonably necessary measures and precautions to (i) minimize dust, noise, light trespass, and construction traffic, (ii) minimize any damage, disruption disruption, or inconvenience caused by the Project, such work and (iii) make adequate provision provisions for the safety and convenience of all persons Persons affected thereby thereby, in each case in the manner as a Reasonable and to police Prudent Developer would undertake in light of the sameparticular circumstances. As a precondition for the issuance of any Certificate of Occupancy for a BuildingExcept as expressly provided in this Agreement, the Developer shall provide a certification to the Town by the Developer’s architect, at the Developer’s expense, that the Work has been performed substantially in accordance with the Approved Plans and the Approved Construction Documents. The Developer StadCo shall be solely responsible for awarding and administering all construction contracts for the construction of the Project, and the Seller shall have no obligation to award, administer or make any payments under any such construction contract, nor any liability thereunder. The Seller shall not be responsible for making any payments to any contractors, subcontractors, agents, consultants, employees or suppliers of the Developer. The Developer shall be solely responsible for all costs incurred in connection with the Project Improvements Work, including any costs, charges, and fees in connection with supplying the Project Improvements with all necessary utilities, all costs, charges, and fees payable to any Governmental Authority in connection with the Project Improvements Work (including all building permits, platting, and zoning fees and street closure fees or any other license, permit, or approval under Applicable Laws), title insurance costs associated with leasehold and mortgagee title insurance obtained by StadCo and all other site preparation costs, fees or expenses of (a) incurred in connection with the Land or the design, permitting development, construction, furnishing, and construction opening of the ProjectProject Improvements. Dust, including the installation of all utilities and site work and any other measures necessary to construct and occupy the Project in compliance with this Agreement and all applicable Lawsnoise, (b) all productstraffic, materials, tools, equipmenthazards, and fixtures relating to other effects of such work shall be controlled in such manner as a Reasonable and Prudent Developer would undertake in light of the Project, and (c) all contractors, subcontractors, architects, engineers, project managers, construction managers, attorneys and consultants relating to the Projectparticular circumstances.