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r Landlord's Work, as such plans and specifications may be modified by Landlord as appropriate to complete
<br />Landlord's Work (the "Plans "). The "Delivery Date" shall be the date upon which the Landlord grants Tenant
<br />occupancy of the Premises, subject to allowing the Landlord access to the Premises to complete the Landlord's
<br />Work. Landlord's Work shall be substantially completed in accordance with the Plans in a manner that shall not
<br />prevent Tenant from using the Premises for the purpose of: (a) conducting its normal business operations; or (b)
<br />completing Tenant's Work, as hereinafter defined. After the Landlord's Work has been substantially completed, the
<br />Landlord shall deliver written notice to Tenant that the Landlord's Works has been substantially completed, the date
<br />of which completion and delivery of such notice shall not be later thirty -five (35) days after the Delivery Date unless
<br />otherwise agreed to by the Tenant (the "Landlord's Work Completion Date ").
<br />4.2. Tenant's Work.
<br />(a) Plans. Within forty-five (45) days after the Effective Date, Tenant shall submit to Landlord two
<br />(2) copies of the complete plans and specifications (the "Tenant's Plans ") for the work Tenant deems necessary to
<br />prepare the Premises for occupancy by the Tenant (the "Tenant's Work "), if any. Within fifteen (15) business days
<br />after Landlord's receipt of Tenant's Plans, Landlord shall notify Tenant of any failures of the Tenant's Plans to meet
<br />with Landlord's approval. Tenant shall, within ten (10) days after receipt of any such notice, cause the Tenant's
<br />Plans to be revised to the extent necessary to obtain Landlord's approval and to be resubmitted for Landlord's
<br />approval. When Landlord has approved the original or revised Tenant's Plans, Landlord shall initial and return one
<br />(1) set of approved Tenant's Plans (the "Approved Plans ") to Tenant. Tenant shall not commence Tenant's Work
<br />until Landlord has approved Tenant's Plans, which approval shall not be unreasonably withheld.
<br />Landlord's review and approval of Tenant's Plans shall not be deemed to be an assumption of responsibility
<br />by Landlord for the accuracy, sufficiency, or propriety of Tenant's Plans, pursuant to applicable laws, rules,
<br />ordinances, or regulations. If the Approved Plans are changed as a result of conditions placed on Tenant as a
<br />prerequisite to obtaining a permit, Tenant shall submit such changes to Landlord for approval, and Tenant shall not
<br />proceed further with the affected portions of Tenant's Work until Landlord has approved the changes. Such changes
<br />as are approved by Landlord shall become part of the Approved Plans.
<br />(b) Performance. Tenant shall, in a manner consistent with the Approved Plans: (i) install its
<br />leasehold improvements and equipment; and (ii) complete all other Tenant's Work. Prior to performing Tenant's
<br />Work, Tenant shall: (i) obtain all permits, licenses, and approvals required for Tenant to perform Tenant's Work; and
<br />(ii) deliver to Landlord: (A) copies of such permits, licenses, and approvals; and (B) evidence reasonably
<br />satisfactory to Landlord that Tenant has procured workers' compensation, builder's risk, general liability, and
<br />personal and property damage insurance as Landlord reasonably may require. Tenant shall: (i) perform Tenant's
<br />Work: (A) in accordance with the Approved Plans and all permits, licenses and approvals; and (B) in a good and
<br />workmanlike manner and in compliance with all applicable laws, statutes, and/or ordinances, and any applicable
<br />governmental rules, regulations, guidelines, orders, and/or decrees (the "Laws "); (ii) ensure that all contractors,
<br />subcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (iii) observe and
<br />perform all of its obligations under this Lease (except its obligation to pay Rent as provided herein) at all times after
<br />the Delivery Date through the Commencement Date.
<br />(c) Abatement for Construction. Landlord shall abate the Base Rent for the period beginning with the
<br />Delivery Date through and including the Commencement Date to allow Tenant an opportunity to improve the
<br />Premises and commence its business operations (the "Construction Abatement ") in consideration of Landlord's
<br />rights under Section b.3 (a , subject to the terms and conditions of this Section 4.2(c), effective only upon satisfaction
<br />of the last to occur of the following conditions: (i) Tenant opens its business in the Premises to the public; (ii)
<br />Landlord has inspected the Premises and confirmed that Tenant has completed Tenant's Work substantially in
<br />accordance with the Approved Plans, subject to identified "punch- list" items that do not prevent Tenant from safely
<br />operating the Premises for the purpose of conducting its normal business operations; and (iii) Tenant has delivered
<br />to Landlord final lien waivers and copies of paid invoices with respect to all work performed by Tenant. The Base
<br />Rent abated shall be valued the same as the Base Rent the first Lease Month, as set forth at Section 1.2, and
<br />notwithstanding any other provision of this Lease, shall, if not abated pursuant to this Section 4.2(c), be due and
<br />payable one hundred eighty (180) days from the Delivery Date.
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