02-11-2021 SPECIAL JOINT FINANCE COMMITTEE PACKET

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B-4 (d) To the extent the Cost Proposal exceeds the Tenant Allowance, then within ten (10) days of final approval of the Cost Proposal, Tenant shall deliver to Landlord by wire transfer of immediately available funds the amount of such excess and a Construction Management Fee (the “Over-Allowance Amount”). Landlord shall hold the Over-Allowance Amount and apply the same to costs and expenses in connection with the Building Addition Work, including draw requests from Contractor and the Construction Management Fee, at such time as the Tenant Allowance has been exhausted. In the event Force Majeure, Tenant Delay, the items listed in subsection (e) below or other unanticipated matters arise that result in costs of the Building Addition Work exceeding the Tenant Allowance and amounts previously deposited by Tenant for initial calculations of the Over-Allowance Amount, Tenant shall pay such additional amounts to Landlord within ten (10) days following receipt of an invoice therefor. Change Orders are dealt with in Section 6 below. (e) Tenant acknowledges that the Tenant Allowance does not account for the following items which, if necessary, required or requested by Tenant, will require additional amounts be included in the Over-Allowance Amount: (i) winter conditions; (ii) equipment wiring work for installation of furniture, fixtures or equipment, (iii) soil correction work and/or remediation of hazardous materials, (iv) warehousing exhaust systems, and (v) exterior signage. 5. Performance of the Building Addition Work. (a) Subject to Force Majeure, Tenant Delay and provided there is no Event of Default under the Lease by Tenant: (i) Landlord shall cause the Contractor to obtain all applicable building permits for construction of the Building Addition Work (collectively, the “Permits”), and to perform the Building Addition Work; (ii) Landlord shall ensure the Building Addition Work is performed in in a good and workmanlike manner and in compliance with the Permits and all Applicable Laws in effect at the time of construction; (iii) Landlord shall use commercially reasonable efforts to cause the Building Addition Work to be Substantially Completed on or before the later of (i) October 1, 2021, or (ii) 180 days after receipt of all permits and approvals required from the City of Elk River to commence construction. (b) If any local governmental agency requires revisions to the Final Plans, Tenant shall be deemed to have approved any adjustments to the Final Plans and the Cost Proposal resulting therefrom. (c) Except as provided in Section 8 below, Tenant shall not have access to the area of the Premises on which Building Addition Work is being completed. Tenant acknowledges that the Building Addition Work may from time to time disrupt certain operations in the remainder of the Premises, may cause noise, vibrations, smells and other interference, may require temporary relocation of equipment, fixtures and personal property, and may require a reduction in or temporary closure of parking areas and access drives. Tenant acknowledges that the Building Addition Work requires relocating the precast end wall located on the Eastern side of the Original Building, building a temporary wall separating the Original Building from the Building Addition, and then demolishing and removing said temporary wall. Landlord shall use reasonable efforts to minimize any such disruption, interference, limitation or closure or to communicate the schedule