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Section 1.2 Concurrent Design and Construction. The design and construction of Landlord's Work shall proceed concurrently with the design and construction of Tenant's Work. Neither Landlord (with respect to Landlord's Plans) nor Tenant (with respect to Tenant's Plans) shall make any changes to its respective Final Plans (or the work contemplated thereunder) which requires any change to the Final Plans or work of the other party without the prior written approval of the other party in accordance with this Work Letter, which approval may not be unreasonably withheld or delayed but may be conditioned upon payment by the party proposing such change of all additional costs and expenses incurred by the approving party as a consequence thereof. Upon approval of the Final Plans, and prior to commencement of on-site Landlord's Work or Tenant's Work, Landlord and Tenant and their respective construction representatives shall meet and confer, in good faith, to schedule and coordinate the concurrent performance of Landlord's Work and Tenant's Work, in accordance with sound design and construction practices applicable to other so-called "fast-track" projects, with the intent and purpose of minimizing the avoidable delays and cost inefficiencies that would be associated with the sequential performance of Landlord's Work followed by Tenant's Work; provided, however, that Tenant's Work Period shall not be deemed to have commenced prior to the satisfaction of Tenant's Work Commencement Conditions, by reason of entry into the Premises or Tenant's performance of any work thaLtlleparties determine is most. effiGi~Iltly or appropriatel)' perfornwd concurrently with the perfonnance of Landlord's Work. The resultant construction schedule (the "Work Schedule") shall be initialed by the parties and shall be deemed incorporated into this Work Letter as if fully set forth herein. Any disputes between the parties with respect to the Work Schedule shall be resolved by arbitration in accordance with Section 18.5 of the Lease. Landlord and Tenant shall periodically update the Work Schedule and coordinate the same with the schedules for Tenant's Work and Landlord's Work and with the requirements of this Work Letter. Each party shall use all commercially reasonable efforts to comply with the Work Schedule and shall keep the other party well infonned of the progress of its work in relation to the Work Schedule. Notwithstanding anything to the contrary contained in the Work Schedule, however, Tenant shall not be required to commence Tenant's Work prior to the satisfaction of Tenant's Work Commencement Conditions (defined below), and the duration of Tenant's Work Period shall be as set forth in the Lease. Section 1.3. Construction Cost. Landlord and Tenant shall each be responsible for paying the construction costs with respect to its work, except as expressly provided to thè contrary herein or elsewhere in the Lease (including Sections 1.4. 2.3 and 3.1 thereof). Section 1.4. Limitation on Tenant Permit Fees. As part of Tenant's Work, Tenant shall be responsible for all Tenant Permit Fees (as defined in the Lease) up to an aggregate amount of $405,720.00. Notwithstanding anything to the contrary contained herein or in the Lease, Landlord shall be responsible for all Tenant Permit Fees in excess of $405,720.00. CHG02:3091375.v8 . "-"'" .~-