floor, substantially as shown on the Schematic Design Plans attached
hereto, and to install in the Premises check-meters for utilities and chilled
water for Tenant's special needs areas, and shall insure that all restrooms and
access/egress ways are in compliance with applicable building codes, including
those requiring removal of architectural barriers to disabled persons (all of
the foregoing is called, the "Base Building Work").
All Landlord's Base
Building Work shall be done in a good and workmanlike manner employing building
standard materials and finishes, with reasonable upgrades to the demising work
to be compatible with existing conditions, in Landlord's discretion.
B.
LANDLORD SHALL CAUSE TO BE PERFORMED THE
ALTERATIONS AND IMPROVEMENTS DESIRED BY TENANT TO PREPARE THE PREMISES FOR
TENANT'S USE (THE "TIW") SUBSTANTIALLY IN ACCORDANCE WITH SCHEMATIC DESIGN PLANS
ATTACHED HERETO AS EXHIBIT C AND PURSUANT TO THE FINAL PLANS.
THE TIW WILL BE
PERFORMED AT LANDLORD'S EXPENSE UP TO THE TI ALLOWANCE AND SUBJECT TO PAYMENT BY
TENANT OF THE TENANT'S SHARE (DEFINED IN SECTION 3.4). THE TI ALLOWANCE MAY BE
APPLIED AT TENANT'S DISCRETION TOWARD ARCHITECTURAL AND ENGINEERING FEES, THE
CONSTRUCTION MANAGEMENT FEE TO NORDBLOM DEVELOPMENT COMPANY (REFERRED TO BELOW),
CONSULTING FEES, HARD CONSTRUCTION COSTS, AIR-CONDITIONING AND SPECIAL
ELECTRICAL POWER DISTRIBUTION, TELEPHONE AND SECURITY SYSTEMS AND THE COST OF
FURNITURE, FIXTURES OR EQUIPMENT.
ALL BASE BUILDING WORK AND THE TIW
(COLLECTIVELY, THE "LANDLORD'S WORK") SHALL BE DONE IN A GOOD AND WORKMANLIKE
MANNER AND IN COMPLIANCE WITH ALL APPLICABLE BUILDING LAWS.
TENANT SHALL HAVE
THE RIGHT TO REQUIRE LANDLORD TO USE, TO THE EXTENT PRACTICAL AND WHERE
POSSIBLE, THE EXISTING BUILDING MATERIALS AND EQUIPMENT CURRENTLY ON-SITE WITHIN
THE PREMISES AND THE SO-CALLED "ATTIC STOCK" ELSEWHERE WITHIN THE BUILDING.
AN
INVENTORY OF SUCH EQUIPMENT IS ATTACHED HERETO AS EXHIBIT J.
TENANT SHALL
ADVISE LANDLORD ON OR BEFORE NOVEMBER 24, 2009 WHICH ITEMS LISTED IN THE
ATTACHED INVENTORY TENANT DESIRES, AND ALL OTHER INVENTORY ITEMS NOT SELECTED BY
TENANT SHALL BE REMOVED FROM THE PREMISES PRIOR TO DELIVERY OF THE PREMISES TO
TENANT.
TENANT AGREES THAT LANDLORD MAY MAKE ANY NON-MATERIAL CHANGES IN THE
LANDLORD'S WORK WHICH MAY BECOME REASONABLY NECESSARY OR ADVISABLE TO
ACCOMMODATE FIELD CONDITIONS OR TO SUBSTITUTE MATERIALS OF EQUAL OR BETTER
QUALITY TO MEET AVAILABILITY SCHEDULES, WITHOUT APPROVAL OF TENANT, PROVIDED
WRITTEN NOTICE IS PROMPTLY GIVEN TO TENANT; AND LANDLORD MAY MAKE OTHER CHANGES
IN SUCH WORK REASONABLY NECESSARY TO ACCOMMODATE UNFORESEEN CONDITIONS, WITH THE
WRITTEN APPROVAL OF TENANT, WHICH SHALL NOT BE UNREASONABLY WITHHELD OR
DELAYED.
LANDLORD SHALL USE DILIGENCE TO CAUSE LANDLORD'S WORK TO BE
SUBSTANTIALLY COMPLETED BY THE TARGET COMMENCEMENT DATE, SUBJECT TO FORCE
MAJEURE EVENTS (DEFINED IN SECTION 10.5 HEREOF) AND ANY TENANT DELAY (DEFINED
BELOW).
TENANT SHALL BE REQUIRED TO PAY TO NORDBLOM DEVELOPMENT COMPANY A
PROJECT MANAGEMENT FEE EQUAL TO 1.5% OF THE TOTAL CONSTRUCTION COST OF THE TIW
EXCLUDING PROJECT MANAGEMENT COSTS, COSTS FOR ARCHITECTURAL AND ENGINEERING
FEES, MOVING COSTS AND TELECOMMUNICATIONS WIRING AND CABLING COSTS.
IT IS
UNDERSTOOD THAT THE PHRASES "TIW", "LANDLORD'S WORK" AND THE "FINAL