plans and specifications for each phase of the Refurbishment (the “Refurbishment Plans”) and submitthe same to Landlord for review and approval, such approval not to be unreasonably withheld,conditioned, or delayed. Within five (5) business days following Landlord’s receipt of theRefurbishment Plans, Landlord will provide Tenant its approval or disapproval. Landlord and Tenantwill exchange the Refurbishment Plans pursuant to the aforementioned time-table and process untilthe Refurbishment Plans are agreed upon by Landlord and Tenant. Thereafter, Tenant shall usereasonable speed and diligence to substantially complete the applicable phase of the Refurbishmentin accordance with the Refurbishment Plans, the terms of the Lease and all applicable laws andregulations. The Refurbishment Allowance shall be payable to Tenant by Landlord only after thecompletion of the applicable phase of the Refurbishment in accordance with the Refurbishment Plansand upon the submission by Tenant to Landlord on or before December 31, 2011 of third partyinvoices paid by Tenant in connection with the applicable phase of the Refurbishment; provided,however, that no portion of the Refurbishment Allowance shall be used to reimburse Tenant for thecosts of fixtures, furniture or other personal property. The cost of the Refurbishment shallinclude, without limitation, all reasonable and customary costs and expenses incurred by Landlordpertaining to each phase of the Refurbishment and a construction management fee to Landlord of 4.4%of the total cost of each phase of the Refurbishment. Tenant hereby expressly agrees that Tenantshall be responsible for any and all Refurbishment costs in excess of the Refurbishment Allowance.In the event that the full amount of the Refurbishment Allowance is not utilized on or beforeDecember 31, 2011, the difference between the amount of the Refurbishment Allowance actuallyutilized prior to such date and the full amount of the Refurbishment Allowance shall be forfeitedby Tenant.**6. Renewal Option.**Tenant shall, provided the Lease is in full force and effect and Tenant is notin default under any of the other terms and conditions of the Lease at the time of notification orcommencement, have one (1) option to renew the Lease for a term of five (5) years, for the portionof the Premises being leased by Tenant as of the date the renewal term is to commence, on the sameterms and conditions set forth in the Lease, except as modified by the terms, covenants andconditions as set forth below:     (a) If Tenant elects to exercise said option, then Tenant shall provide Landlord with writtennotice no earlier than the date which is two hundred ten (210) days prior to the expiration of thethen current term of the Lease but no later than the date which is one hundred eighty (180) daysprior to the expiration of the then current term of this Lease. If Tenant fails to provide suchnotice, Tenant shall have no further or additional right to extend or renew the term of the Lease.     (b) The Annual Rent and Monthly Installment in effect at the expiration of the then current term ofthe Lease shall be increased to reflect the current fair market rental for comparable space in theBuilding and in other similar buildings in the same rental market as of the date the renewal termis to commence, taking into account the specific provisions of the Lease which will remain constant.Landlord shall advise Tenant of the new Annual Rent and Monthly Installment for the Premises nolater than sixty (60) days after receipt of Tenant’s written request therefor. Said request shallbe made no earlier than thirty (30) days prior to the first date on which Tenant may exercise itsoption under this Paragraph. Said notification of the new Annual Rent may include a provision forits escalation to provide for a change in fair market rental between the time of notification andthe commencement of the renewal term. In no event shall the Annual Rent and Monthly Installment forany option period be less than the Annual Rent and Monthly Installment in the preceding period.     (c) This option is not transferable; the parties hereto acknowledge and agree that they intend thatthe aforesaid option to renew the Lease shall be “personal” to Tenant as set forth above and thatin no event will any assignee or sublessee have any rights to exercise the aforesaid option torenew.**7. Right of First Refusal.**Notwithstanding anything in Section 10 of the Fifth Amendment to Leaseto the contrary, in the event Tenant exercises its option to lease the Refusal Space pursuant tothe terms of said Section 10 on or before April 30, 2013, the Refusal Space shall be leased on an“as is” basis and Landlord shall have no obligation to
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improve the Refusal Space; provided, however, Landlord shall provide Tenant with a tenantimprovement allowance of $25.00 per rentable square foot of the Refusal Space, prorated on amonthly basis to reflect the remaining Lease Term for the Refusal Space.**8. Notices.**Notwithstanding anything to the contrary contained in the Lease, all notices requiredor desired to be given with respect to the Lease may also be delivered by a nationally recognizedovernight delivery service providing proof of delivery, with proper postage prepaid and properlyaddressed to the party. Any such notice or demand shall be effective and deemed delivered on thedate of deposit with the overnight delivery service; provided that the period of time in which aresponse to a notice delivered via overnight delivery must be given or taken shall run from thedate of receipt as indicated on the receipt or other proof of delivery.**9. Landlord’s Notice Address.**Notwithstanding anything to the contrary contained in the Lease,pursuant to Section 8.1 of the Lease, Landlord’s address for notices shall be:     (i) To Landlord:Tower Place, L.P.