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engineering and consultant fees associated with the preparation of the Plans; (b) governmental agency plan review, permit, license and other fees (including, without limitation, any charges required by any governmental entity or authority having jurisdiction over the Premises); (c) sales and use taxes; (d) insurance costs and expenses; (e) testing and Inspecting costs; (f) costs and expenses of material and labor, including without limitation, General Contractor's profit and general overhead; (g) costs and expenses associated with the compliance with applicable Laws; (h) costs and expenses of alterations of the Premises and all life safety systems necessitated by any applicable Law; (1) costs and expenses associated with any modification or addition to the Premises or any street or public right of way; 0) all costs and expenses of construction work required to complete the Work; (k) costs and expenses of Lessee signage, if any; (1) costs and expenses associated with the placement of any new, additional or supplemental mechanical, electrical, plumbing or life safety systems on the Premises, including, without limitation, costs associated with any repair or replacement of any WVAC units or systems, and running piping and conduit to such systems (the location for such piping and conduit shalt be selected by Lessor); (m) costs and expenses associated with any Lessee Changes or Lessor Changes; and (a) any out- of-pocket costs and expenses incurred by Lessor or Lessor's consultants associated with the review of the Plans, Lessor proposed that the entire Cost of Work would be $8, 500,000 for the completion of the Work ("Cost Estimate'). Any changes to the scope of Work that would increase the "Cost Estimate" must be approved in writing by Lessee prior to commencement of such extra Work ("Change Order') provided, however, that Lessor and Lessee also agree to a 10% contingency amount equal to $850,000 ("Contingency Amount'), which such Contingency Amount may be incurred in connection with any Lessor Change, and is to be paid and reimbursed to Lessor by Lessee, without such prior written approval of Lessee. Concurrently upon the execution of this Lease, Lessee shall deposit with Lessor, the sum of $850,000, which such amount shall be a "retainer" against fees and costs incurred by Lessor in connection with Lessor's completion of the Work. All Work shall be completed by a general contractor chosen by Lessor but approved by Lessee, which approval shall not be unreasonably withheld, conditioned or delayed (the "General Contractor"). Lessor shall be required to obtain the required permits for the Work, with any costs and expenses included within the Cost Estimate. Lessee hereby approves Benticy Construction as the General Contractor. Lessee must arrange with an insurance company to provide the coverage required under the Lease, the cost of which is not included in the Cost Estimate. Prior to the start of Work, Lessor must receive the certificates of insurance required under the Lease. Such certificate of insurance shall name Lessor as additional insured, Lessor shall cause the General Contractor to perform all Work in a good and workmanlike manner and in accordance with good industry practice, applicable Laws and the Lessor's Work Standards, and in material compliance with the Plans. Lessor shall deliver to Lessee a request for payment from the General Contractor, approved by Lessor, showing the schedule, by trade, of percentage of completion of the Work and the cost of labor rendered and materials delivered to the Premises for which such payment is being requested, which such request for payment may be wbmitted weekly and on or before the seventh (7th) Business Day after receipt of such request for payment, Lessee shall deliver a check to Lessor made payable to either Lessor or General Contractor, the amounts so requested by Lessor. During the construction of the Work, Lessor's Representative and Lessee's Representative shall meet as often as deemed reasonably necessary by Lessor and/or Lessee to discuss construction progress. For purposes hereof, "Substantial Completion" (and any correlative variations thereof) of the Work shall mean completion of construction of the Work in material compliance with the Plans, with the exception of any Punch List Items. For the purposes hereof, the term "Punch List Items" shall mean minor details of construction or decoration or mechanical adjustments that can reasonably be completed after the date Lessee commences its operations within the Premises without causing substantial interference with Lessee's operations at the Premises. Lessor shall use its good faith efforts to 129264471