FORTY AND 00/100
DOLLARS ($49,740.00) (THE "IMPROVEMENT ALLOWANCE") TOWARDS THE COSTS OF
PERFORMING THE TENANT EXPANSION PREMISES WORK. THE IMPROVEMENT ALLOWANCE SHALL
BE PAID BY LANDLORD TO TENANT WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY
LANDLORD OF (I) DETAILED INVOICES SUPPORTING PURCHASES AND INSTALLATION COSTS,
WHICH INVOICES SHALL REASONABLY ITEMIZE SUCH COSTS ON A LINE ITEM BASIS, (II)
EVIDENCE OF SUCH INSTALLATION, (III) LIEN WAIVERS FROM THE CONTRACTORS
INSTALLING THE SAME, (IV) AN AIA REIMBURSEMENT FORM SIGNED BY TENANT'S
CONTRACTOR AND ARCHITECT, IF ANY, AND (V) OTHER ITEMS REASONABLY REQUESTED BY
LANDLORD (COLLECTIVELY, "ALLOWANCE DISBURSEMENT REQUEST"). EACH ALLOWANCE
DISBURSEMENT REQUEST SHALL BE SUBJECT TO LANDLORD'S APPROVAL. TENANT SHALL
PERFORM THE TENANT EXPANSION PREMISES WORK IN ACCORDANCE WITH THE TERMS OF THE
LEASE, INCLUDING, WITHOUT LIMITATION, SECTION 10.4 OF THE LEASE, EXCEPT THAT
LANDLORD SHALL NOT REQUIRE TENANT TO POST A BOND OR OTHER SECURITY FOR THE
TENANT EXPANSION PREMISES WORK. AS PART OF THE TENANT EXPANSION PREMISES WORK,
TENANT SHALL, AT TENANT'S COST AND EXPENSE BUT SUBJECT TO REIMBURSEMENT FROM THE
IMPROVEMENT ALLOWANCE, INSTALL A SEPARATE METER TO MEASURE ELECTRICITY USAGE IN
THE EXPANSION PREMISES. LANDLORD AND TENANT ACKNOWLEDGE THAT THE EXPANSION
PREMISES WILL NOT USE ANY GAS OR WATER SERVICES IN THE BUILDING. IN THE EVENT
THAT, DURING THE LEASE TERM, GAS OR WATER SERVICE IS SUPPLIED TO THE EXPANSION
PREMISES, TENANT SHALL, AT TENANT'S COST AND EXPENSE, INSTALL A SEPARATE METER
OR SUBMETER TO MEASURE THE GAS AND/OR WATER USAGE IN THE EXPANSION PREMISES.
6.
UTILITY PAYMENTS. FROM AND AFTER THE
EXPANSION PREMISES COMMENCEMENT DATE, TENANT SHALL BE RESPONSIBLE FOR THE
PAYMENT OF ALL UTILITIES USED AND CONSUMED IN THE EXPANSION PREMISES DIRECTLY TO
THE UTILITY COMPANIES IF THE EXPANSION PREMISES ARE SEPARATELY METERED OR TO
LANDLORD IF THE EXPANSION PREMISES IS SUB-METERED FOR SUCH UTILITY USAGE. TENANT
SHALL PAY THE UTILITY COMPANY DIRECTLY FOR ALL TELEPHONE AND TELECOMMUNICATIONS
SERVICE TO THE EXPANSION PREMISES.
7.
DATA ROOM CABINET; COMPRESSED AIR UNIT.
(A)
LANDLORD HEREBY AGREES THAT TENANT MAY INSTALL A CABINET WITH A
LOCK THEREON IN THE FIRST FLOOR COMMUNICATION CLOSET OF THE BUILDING FOR
CONTAINMENT OF TENANT'S TELECOMMUNICATIONS AND DATA CONNECTIONS AND EQUIPMENT
PRESENTLY LOCATED THEREIN. LANDLORD HAS RECEIVED AND APPROVED TENANT'S PLANS FOR
SUCH WORK AND THE SCHEDULE FOR THE PERFORMANCE OF SUCH INSTALLATION SHALL BE
SUBJECT TO LANDLORD'S PRIOR APPROVAL, WHICH APPROVAL WILL NOT BE UNREASONABLY
WITHHELD OR DELAYED.
(B)
LANDLORD ACKNOWLEDGES THAT TENANT HAS PURCHASED AND INSTALLED A
COMPRESSED AIR UNIT IN AND SERVING THE EXISTING PREMISES. LANDLORD AGREES THAT
SUCH COMPRESSED AIR UNIT IS THE PROPERTY OF TENANT AND MAY BE REMOVED BY TENANT
AT THE EXPIRATION OR EARLIER TERMINATION OF THE TERM OF THE LEASE AND THAT ANY
DAMAGE TO THE EXISTING PREMISES OR THE BUILDING CAUSED BY SUCH REMOVAL SHALL BE
REPAIRED BY TENANT. LANDLORD AND TENANT ACKNOWLEDGE THAT THE EXPANSION PREMISES
DOES NOT UTILIZE THE COMPRESSED AIR SUPPLY OF THE BUILDING.
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8.
AMENDMENT OF TERMS; INAPPLICABLE
PROVISIONS. FROM AND AFTER THE EFFECTIVE DATE, THE FOLLOWING PROVISIONS OF THE