Construction Rules and Regulations for Tenant's Contractors

Construction Rules and Regulations for Tenant Contractors Table of Contents Pre-Construction Meeting I.

Jobsite Check-In ...........................................................................................................2 A. Preconstruction Requirements ...........................................................................2 B. Job Familiarity ...................................................................................................3 C. Approved Design ...............................................................................................3 D. Building Permit ..................................................................................................3 E. Code Compliance & Inspections .......................................................................3 F. Security ..............................................................................................................3 G. Sign Posting .......................................................................................................4 H. Tool Loan...........................................................................................................4 I. Public Restrooms ...............................................................................................4 J. Parking ...............................................................................................................4

II. Construction Rules .......................................................................................................4 A. Quality of Workmanship ...................................................................................4 B. Supervision ........................................................................................................4 C. Construction Barricade ......................................................................................4 D. Work Areas ........................................................................................................5 E. Temporary Construction Power .........................................................................6 F. Deliveries ...........................................................................................................6 G. Construction Noise ............................................................................................6 H. Trash Removal ...................................................................................................6 I. Safety .................................................................................................................7 J. Hazardous Materials ..........................................................................................8 K. Welding..............................................................................................................8 L. Slab Penetration .................................................................................................8 M. Electrical ............................................................................................................8 N. Roof Access .......................................................................................................9 O. Fire Protection....................................................................................................10 P. Smoke Detectors/Testing ...................................................................................10 Q. Work Coordination ............................................................................................11 R. Work Hours........................................................................................................11 S. Damage Repair ..................................................................................................11 T. Landlord's Punch-list .........................................................................................11 U. Compliance/Closeout Paperwork.......................................................................12 Contractor's Exhibits A - J.....................................................................................................14 Mechanical/Electrical Data Tabulation Form........................................................................22 Notice of Contractor Violation ..............................................................................................23 Insurance Requirements ........................................................................................................24

Construction Rules and Regulations for Tenant Contractors

PRE-CONSTRUCTION MEETING Prior to the commencement of construction in the Tenant's space, please contact Landlord’s representative indicated below to arrange for a pre-construction meeting. Bill DeFazio Operations Director Bridge Street Town Centre 365 The Bridge Street, Suite 106 Huntsville, AL 35806 Office: Fax: Cell: Email:

256-428-2023 256-922-8977 256-529-7752 [email protected]

INTRODUCTION This package is given to each Tenant Contractor prior to the start of any construction in the Tenant space. The entire package is to be read by Tenant Contractor and this sheet signed by the Contractor and recorded with the On-site Tenant Services Office, stating that the Contractor has read and understands this document and will comply with the requirements as set forth on the following pages. Each Tenant Contractor must sign a pre-construction check in sheet below for each space the Contractor will be working in, prior to the start of any construction activity in said space. Failure to abide by the terms and conditions of this Tenant Contractor's Rules and Regulations may, in addition to other remedies, subject the violating Contractor to permanent revocation of authorization to enter the project. By signing below, you are agreeing on behalf of the Tenant Contractor, their subcontractors, suppliers, etc. that you will comply fully with the Construction Rules and Regulations for Tenant Contractors at the Bridge Street Town Centre project in Huntsville, Alabama.

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Construction Rules and Regulations for Tenant Contractors

TENANT NAME:

CONTRACTOR NAME:

MAILING ADDRESS:

CONTRACTOR PHONE:

CONTACT NAME: ____________

24 HOUR CONTACT NAME: _______________________________________

24 HOUR CONTACT: PHONE: ______________________________________

SIGNATURE:

_____

DATE:

PRINT NAME:

_____________________

TITLE:

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Construction Rules and Regulations for Tenant Contractors I. JOBSITE CHECK-IN A. Pre-Construction Requirements Prior to entering the project or starting construction, all Tenant Contractors must meet with Landlord's Tenant Services Manager and provide the following: 1. Landlord approved set of plans. 2. Tenant's building permit and the building department approved set of plans. 3. A copy of the "Contractor's Informational Data Form". (See attached Exhibit D) 4. Tenant’s Certificate of Insurance AND General Contractor’s Certificate of Insurance as set forth in the Lease (Tenant) and Exhibit I (General Contractor). No Contractor will be permitted to start work until the required insurance certificate is on file with the Landlord. 5. List of general contractors subcontractors. 6. A 24-hour emergency telephone number for the general contractor, project manager, site Superintendent and for all major subcontractors. (See attached Exhibit D) 7. The General Contractor and all subcontractors must be bondable and meet all licensing and insurance requirements by the State and City where the work will occur (see attached Exhibit E). 8. A Five Thousand Dollar ($5,000.00) deposit (or as set forth in the Lease Documents) will be required by the Tenant's General Contractor prior to access to the space, to ensure payment of any damages to facilities or fees or violations. This deposit will be returned after completion of punch list items, and close-out documents have been received (less cost of damages where applicable).

9. Material Safety Data Sheets (MSDS) on all hazardous substances used by any Contractor must be provided to Landlord 48 hours prior to the start of work involving the hazardous substance. Contractor will maintain all MSDS’s in a binder and keep it on site at all times. Landlord reserves the right to refuse the use of any substance Landlord believes to be hazardous when used on the Property. 10. Bond - (At Landlord's Sole Discretion) Prior to the commencement of construction, Tenant shall obtain, or cause its Contractor to obtain, payment and performance bonds covering the faithful performance of the contract for the construction of Tenant's work and the payment of all obligations arising there under. Such bonds shall be for the mutual benefit of both Landlord and Tenant, and shall be issued jointly to Landlord and Tenant as obliges and beneficiaries. Prior to the date Tenant commences construction of Tenant's work, Tenant shall submit evidence satisfactory to Landlord that such bonds have been issued. B. Job Familiarity Prior to commencement of construction, Tenant's Contractor shall thoroughly review the Contractor's Rules and Regulations, verify dimensions and utility locations and familiarize themselves with jobsite conditions.

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Construction Rules and Regulations for Tenant Contractors C. Approved Design Tenant's space shall be constructed in accordance with the plans, which have been approved by the Landlord's Tenant Services Department. These plans shall comply with all applicable city, county, state, and federal rules, ordinances, and regulations relating thereto. If the space has not been constructed in accordance with said plans, the Tenant will not be permitted to open the space for business and the Tenant Improvement allowance will not be paid, based on the obligations under the Tenant's Lease. A copy of Building Department approved plans must be kept on the job site at all times during construction. D. Building Permit Tenant shall apply for all permits, coordinate Building Department submittal and pay all associated fees. Tenant shall apply for, and obtain, all approvals and permits from the local health department, if required. Building Permit shall be posted in Tenant space before any work starts, including demolition. A copy of the Building Permit shall be sent to Landlord’s representative before construction begins. E. Code Compliance and Inspections Tenant Contractor is responsible for scheduling inspections by the Building Department and other inspectors as necessary and to comply with their requirements, all codes and regulations. A copy of all inspection reports and the Certificate of Occupancy must be submitted to Landlord upon completion of the work. In the event Tenant Contractor is notified of any violations of codes by the jurisdictional authorities or by Landlord, Tenant Contractor shall correct such violations within forty eight (48) hours from such date of notification. Construction shall comply with applicable federal, state, county and/or local statutes, ordinances, regulations, laws and codes. F. Security Tenant Contractor shall ensure the security of Tenant's premises by whatever measures Tenant Contractor deems necessary, including the rekeying of all locksets. Notwithstanding, Tenant cannot cause any changes to Landlord’s work without express written consent of the Landlord’s Tenant Service Manager. G. Sign Posting Tenant Contractor or subcontractors will not be allowed to post any signage containing the name or advertising of their firm to any part of the barricade, Subject Property or premises at any time. Landlord reserves the right to post a Notice of Non-Responsibility on any entry into space as required by Tenant's Lease. Landlord may also post "Coming Soon" signs on the front of the Tenant’s barricade. H. Tool Loan Contractor and subcontractors must always use their own tools and equipment. At no time will the Landlord rent or loan tools or equipment to Tenant contractor or subcontractor. If Landlord's tools or equipment (i.e. gray whales, trash bins, trash cans, flat carts or ladders) are found in the possession of Tenant Contractor or subcontractor, a $250 fine will be deducted from Contractor's security deposit. I.

Public Restrooms Contractor and subcontractors are not to use public or any common area restrooms.

J. Parking Tenant Contractors and subcontractors shall not park any vehicles directly in front of any space. All contractors shall park in the areas designated by Landlord for Tenant parking during the course of the

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Construction Rules and Regulations for Tenant Contractors project. The circle drive behind Building 355 is for loading and unloading only. Any vehicle left parked in this area for an extended amount of time is subject to be towed at Contractor’s expense. K. Licenses and Governmental Regulations All Tenant Contractors and Subcontractors must be licensed by the State of Alabama and the City of Huntsville and comply with the regulations of all governing authorities to construct in this jurisdiction.

II. CONSTRUCTION RULES A. Quality of Workmanship Tenant Contractor work shall be performed in a thorough, first class and workmanlike manner and shall be in good and usable condition at the date of completion thereof. If in the Landlord's judgment, the Tenant work is not completed in a first class workmanlike manner, or in compliance with Landlord approved plans, the Tenant will not be allowed to open, and the Tenant Improvement allowance will not be paid, until said discrepancies are corrected. B. Supervision Tenant Contractor shall provide a full time supervisor or representative on site at all times (for answering questions, meeting with City officials, or the Landlord's representative, etc.) whenever construction is being performed in Tenant's space. Failure to do so can result in a fine of $250 being issued. C. Construction Barricade (at Landlord's sole discretion) 1. Construction barricades will be built from two to five feet from the lease line. All required existing aisle widths must be maintained to meet local fire and safety codes. 2. If there is any damage or destruction to the Barricade, a $500 fine will be deducted from Tenant Contractor’s security deposit, plus the cost of removing and replacing any damaged sections of the barricade. 3. Landlord will erect said barricade and back charge the Tenant Contractor at a rate of $50.00 per lineal foot or, as stated in the lease documents. This expense will be billed separately from the security deposit. Initial installation and removal of the barricade is included in this cost. 4. If the Tenant needs to modify or relocate an existing Landlord installed barricade, it will be done at the sole cost and expense of the Tenant Contractor with the work being performed exclusively by the Landlord's contractor. The Tenant and/or its contractor shall have no claim to the landlord for any modification or relocation of the barricade (72 hour notice required). 5. Tenant Contractor shall be required to properly protect Tenant's Premises and Tenant's work with lights, guard rails and barricades, and secure all parts of the work against storm, accident, malicious mischief and theft. If the barricade has been built and is in place prior to the contractor's commencement of work, the Tenant's Contractor will reimburse the Landlord for the cost to build the barricade. 6. All workmen are required to remove as much dust and dirt from their shoes and clothing as possible before entering the common area of the Project. Carpeting should be put down at any entry to the space and kept moist to ensure no foot marks are tracked into the operating area of the center. If the Tenant Contractor does not take responsibility for this action, contractor will be

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Construction Rules and Regulations for Tenant Contractors subject to a cleaning fine of $150 (and up) deducted from the contractor’s security deposit for each occurrence. Use the back door at all times, where applicable. 7. All finished Project areas, including soffits, neutral piers, and bulkhead are to be returned to their original condition when construction is completed and barricade removed. Barricades are not to be attached to the surface of the building. Any damage to the surfaces of the building bulkhead must be repaired and painted to match existing color. Finish material specifications are obtained from Landlord's Tenant Service Manager. 8. Flooring: Tenant Contractor shall provide adequate protection to prevent damage to the floor and finished paving during construction. Any chips, holes, or scratches in the project flooring or paving from demolition of the existing storefront or construction of premises is damaged after tenant construction is the responsibility of the Tenant Contractor to repair. All damage shall be repaired or replaced by Landlord at Tenant Contractor’s expense. 9. Barricades: Graphics shall be placed on the barricade and the Tenant Contractor will reimburse the Landlord for the cost of all graphics. Contact the Property Manager for costs of barricade graphics. Storefronts will be covered during construction with black plastic or paper. D. Work Areas 1. Tenant Contractor shall contain all operations within the confines of their premises and such other space as Landlord may specifically permit. Common areas, public corridors, service corridors and exterior of Landlord's building must be kept clear of Tenant's equipment, merchandise, fixtures, and trash at all times. Failure to comply will result in a fine of $250 levied against the security deposit. 2. All precautions will be taken to ensure that dust, fumes, and debris from demolition and construction remain within the barricade or Tenant's space, and shall not accumulate into the common areas. If the Landlord deems dust accumulation excessive, it is the contractor's responsibility to pay for the clean up, or provide the services to clean up the area. 3. All precautions will be taken for work that creates unpleasant noise for surrounding operating tenants and pedestrians visiting the center. If the Landlord deems the Tenant Contractor is creating excessive noise, it is the contractor’s responsibility to halt such work and resume after the hours of mall operation. E. Temporary Construction Power Temporary electrical facilities for construction power, at Landlord’s sole discretion, may be available from Landlord. Tenant Contractor must, as soon as is feasible, provide temporary facilities from Tenant's panel and make application for electrical service to the serving utility company. This should be the first item accomplished for construction power purposes. (Typically Huntsville Utility will permit tenant meter turned on upon 85% completion and space enclosed/secured for a fee of $850; Refundable upon general contractor obtaining certificate of occupancy) When temporary electrical service is provided, a monthly charge of $350 or 15 cents per square foot of gross leasable area of the demised premises, whichever is greater, shall be paid by Tenant to Landlord upon request, and in no case later than the occupancy date.

F. Deliveries 1. All deliveries are to be made via the route designated by Landlord. Delivery times must be preapproved by Landlord.

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Construction Rules and Regulations for Tenant Contractors 2. Deliveries will be made through rear doors at all times. Exceptions are 4' x 12' drywall, long metal or wood pieces that cannot be moved through service corridors. These items must be delivered before 10:00 a.m. Contractor is responsible for cleaning up any tracked dust or debris on Project Floors and sidewalks, or other common areas immediately after delivery are completed. Tenant Contractor is responsible for protecting ALL common area finishes at all times. 3. Loading bays and truck courts are to be used for loading and unloading only. Any vehicle left unattended will be towed away at the Owner's expense. Workmen are to park in designed areas. Consult with Landlord Tenant Service Manager for location. 4. At no time will hard cast steel wheels be allowed to cross Project flooring. G. Construction Noise Any work involving saw cutting, boring or drilling that creates excessive noise levels, shall be performed after business hours (typically 10:00pm to 9:00am). A fine of $250.00 will be deducted from the Contractor's Security Deposit for each occurrence, after two (2) warnings. H. Trash Removal 1. The trash from any remodel or build-out is the responsibility of the Tenant Contractor. At no time may Contractor us the Project trash compactor or containers. 2. Coordinate with Landlord's representative on the location of a trash container for your job. 3. The surrounding area of the container must remain clear of debris and the area must be clean after final removal of the container. The Landlord at no time assumes responsibility for unauthorized use of the container. 4. Any Tenant Contractor using the Landlord's bins or leaving debris or material in common areas will be charged a $250.00 fine for an additional dumping fee. If damage occurs due to contractor's use, contractor will be held obligated for all repairs and clean-up as the result of that dumping, plus a twenty-five percent (25%) surcharge. 5. All disposal of hazardous waste shall be in accordance with all local, state and federal regulations. Any Tenant Contractor using the project trash bins for the disposal of hazardous waste will be charged a fine of $1,500. Contractor will be obligated to all cleanups as the result of that dumping, plus a twenty five percent (25%) surcharge. 6. Tenant Contractor is responsible for damage to parking surfaces caused by tenant's roll-off container or storage box containers. Tenant Contractor will ensure existing parking surfaces are adequately protected at all times. I.

Safety 1. Tenant Contractor shall comply with all applicable safety regulations. Tenant Contractor shall take all necessary precautions to safeguard all workmen and the public from accident, and to preserve all private and public property. Landlord reserves the right to stop all work until such conditions or practices are resolved. 2.

Tenant Contractors or subcontractors are prohibited from consuming or being under the influence of alcohol or any intoxicant while on Project property (including Tenant's premises, eating areas, or vehicles parked on property). Smoking will only be permitted in the Project in designated areas.

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Construction Rules and Regulations for Tenant Contractors 3. Contractors may eat in designated eating areas as directed by Landlord. No glass containers will be allowed on the project. 4. Routine observations of Tenant Work will be performed by Landlord's Tenant Service Manager to assess performance of Tenant Contractor's work, general safety requirement compliance, adherence to the "Contractors Rules and Regulations", and to ensure Tenant’s work conforms to the landlord’s approved plans. 5. All work performed with noxious or odor producing materials must be performed only after notifying Landlord’s Tenant Service Manager. At Landlord Tenant Service Manager’s request, Tenant Contractor must provide additional ventilation when necessary. 6. Miscellaneous safety rules: - Fire Extinguisher; minimum 20 lb. ABC fire extinguisher to be located on site. - Hard Hats; to be worn on site at all times. No metal hats or bump caps permitted. - Eye Protection; safety glasses, goggles or face shields should be used at all time when using power tools or hazardous conditions exist. - Safety glasses will be required on the project at all times. - Foot Protection; substantial leather boots required. No loafers, sandals, tennis shoes. - Work Clothing; minimum sleeve length at four inches (4") over shoulders. Clothing will meet OSHA Construction Requirements. No tank tops, net shirts, shorts, or cut-offs. - Signage; post safety or hazard signage (bilingual if necessary). - Electric Cords; tools and extension cords should not be frayed or damaged and should be equipped with ground. Use no tools without Ground Fault Circuit Indicator. GFI plugins will be required at all electrical outlets unless outlet has specific GFI breaker. Under no circumstances will cords be routed through vehicle or personnel traffic areas and must be routed to prevent any possible hazard. - Housekeeping; deposit all trash and debris in dumpsters daily, or as work requires, to maintain clean work areas. Work, storage and break areas to be broom cleaned daily. 7. Violation of any of these work safety rules will result in a $250 fine FOR EACH INFRACTION, and will be subject to all personal and/or property damage claims. Employees that repeatedly violate safety rules will be removed from the project. 8. Any work over 6’0” in height will require 100% tie off with proper OSHA approved fall protection equipment. J. Hazardous Materials 1. Contractor MUST provide MSDS forms for any chemical or items noted below, (seven (7) working days prior to use of these materials for Landlord's review and approval. (Contractor shall, additionally, notify Landlord 24-hours in advance of the use of any of these items). a. Toxic chemicals b. Epoxies, glues c. Vinyl or sheet flooring; vinyl base materials; flooring, mirror and roof mastic (provide MSDS and proof that it does not contain asbestos) d. Paint, lacquer, urethanes, etc. e. Any materials requiring special ventilation. K. Welding 1. Whenever any welding is performed within the premises, a fire watch will be in effect during and

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Construction Rules and Regulations for Tenant Contractors up to 30 minutes after the completion of any welding. An appropriate fire extinguisher must be on site within 10’ of the welding point. The provisions of the National Fire Code shall be adhered to at all times. Contact the Landlord for special requirements and a permit prior to commencing any welding. 2. Under no circumstances whatsoever will any welding, cutting, or soldering be permitted during a sprinkler shutdown, without prior authorization from the Landlord and Local Fire Authority.. L. Slab Penetration 1. No penetrations or saw cutting may be made through suspended slab, without Landlord approval and notification of date and time. X-rays of the area of the proposed floor opening must be taken before Landlord approval. A qualified X-ray contractor hired at Tenant Contractor's expense shall perform all X-rays. 2. Landlord approval shall not relieve Tenant Contractor from responsibility for damage to Landlord's property and/or any Tenant's property due to penetration or saw cutting of the floor slab. Tenant Contractor shall coordinate with the Landlord Tenant Service manager when any core boring or saw cutting of the second floor slab is attempted, and provide a watchman in that specific area below the premises where core boring will occur, for the duration of such work.

3. All penetrations are to be properly sealed and filled with concrete. M. Electrical 1. All Tenant Electrical Contractors must be pre-approved by Landlord’s Tenant Service Manager prior to work on Landlord's switchgear. All work shall be performed during off-hours, and no one will be permitted to work on switchgear while energized. Meter connection must be coordinated and approved by Landlord’s Tenant Service Manager prior to any work commencing. 2. All Tenant Electrical Contractors must go through Landlord’s Tenant Service Manager for access into electrical rooms. A supervision fee of $250 will be charged to the tenant each time work is performed on the switchgear by Tenant’s Contractor. Electrical contractors will be responsible for replacing all panel covers after use. 3. Tenant Electrical Contractor shall submit to the Landlord’s Tenant Service Manager, a schedule of work affecting the Project’s meter switchboard. The schedule shall identify the estimated time of work, power outages (if any), and the description of the work to be done. 4. Upon approval of the above schedule by the Landlord’s Tenant Service Manager, the Tenant Electrical Contractor may proceed with his work. Any variations in the schedule must be approved by the Landlord. 5. Any outages must be coordinated with the Landlord’s Tenant Service Manger, local utility company, and all affected Tenants from the particular meter switchboard. The Tenant Electrical Contractor will be responsible for all coordination, safety during the performance of work, and the avoidance of any unscheduled shutdowns of Project's power. Any work on hot electrical panels will be locked and tagged out. 6. At no time shall the meter switchboard be left unattended or the covers on the switchboard be left off while work is being performed. It is the responsibility of the Tenant Electrical Contractor to maintain the area while working and maintain safety standards for all individuals.

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Construction Rules and Regulations for Tenant Contractors 7. Upon completion, the meter switchboard shall be clear of all debris. All covers and associated hardware shall be replaced in their original location or position. 8. All conductors are to be copper installed in conduit. 9. Keep all piping as close to walls and as high to underside of roof framing as possible. N. Roof Access 1. Access to the Project's roof is restricted to Landlord's personnel and Landlord's designated contractors only. No Tenant Contractor or subcontractor will be permitted on the roof unless access is pre-arranged with the Landlord’s Tenant Service Manager and supervised by Landlord’s Tenant Service Manger or their designated representative. Tenant Contractor must check-in and out with Landlord or a fine of $250 will be deducted from Contractor’s security deposit. 2. Contact Landlord's approved roofing contractor for any and all work within the Project (See Exhibit B) 3. Roof area must be kept clean of all debris. All excess materials, flashing, sheet metal screws, etc. must be removed. A fine of $500, for each occurrence will be deducted for any debris that has to be removed by the Landlord, plus a 25% surcharge on the cost Landlord pays for removal and disposal of the debris. 4. There shall be no penetrations of the roof without prior written approval of the Landlord’s Tenant Service Manager. Any and all roof penetrations required by Tenant shall be at Tenant's expense, and will be performed by Landlord's roofing contractor. 5. Prior to installation of new A/C equipment, Tenant shall have submitted for Landlord's approval, heating, ventilation, air conditioning, design information, cooling and heating loads, and equipment data. All changes, additional, or replacement of A/C equipment shall be approved by the Landlord’s Tenant Service Manager prior to installation. Such changes, additional, or replacement of A/C equipment shall be subject to Landlord's Tenant Service Manger or their designated representative’s final inspection and approval. 6. All application of, and roof materials for, equipment mounting platforms, curbs and pipe penetrations will be performed by Landlord's roofing contractor, at Tenant's expense. The following criteria for roof-related work apply: -

All equipment platforms, curbs, single and multiple pipe penetrations will conform to Landlord's details included in this Construction Rules and Regulations. No sleepers are allowed. This includes wood, metal, exposed and enclosed types.

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All platforms, curbs, and multiple pipe penetrations will be a minimum height of eight inches (8").

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There shall be no installation of roof-mounted antennas or satellite dishes, unless stated in the lease documents.

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All single and multiple pipe enclosure piping penetrations for rooftop equipment will be located a minimum of fourteen inches (14") and a maximum of twenty-four inches (24") away from the equipment it is serving.

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Construction Rules and Regulations for Tenant Contractors -

Electrical conduit will penetrate through roof no closer than eighteen (18”) and no further than twenty-four inches (24") from the rooftop unit.

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All HVAC condensation drain lines will be piped to roof drains. All piping will be copper, Type "M".

7. At no time may heavy equipment be moved along the roof with dollies made with solid rubber tires or metal wheels. 8. Ladders will not be permitted on the side of the building for roof access. 9. Under no circumstances will any air or crane lifts of HVAC equipment be allowed without prior written approval of the Landlord’s Tenant Service Manager. A forty-eight (48) hour notice is required. Air or crane contractor must provide the same insurance requirements as Tenant’s Contractor. Approval from the appropriate jurisdictional authorities will be required prior to Landlord’s Tenant Service Manager Approval. O. Fire Protection 1. At no time will the sprinkler system be shut down without first providing a 24 hour notice to the Landlord's Tenant Service Manager. Any work requiring draining the fire sprinkler system must be performed Monday through Friday 7:00 am to 5:00 pm. Drainage required by Tenant will be performed at the Tenant's expense, and coordinated by Tenant Contractor. Tenant Contractor must supply a minimum of 200 ft. of 1" hose to drain system to a designated storm drain or other appropriate receptacle away from Project's common areas. Since a fire watch by Project’s Security will be required, a charge of $300 for each drain/shut down will be back charged to Tenant. 2. Sprinkler heads are to remain operable during construction (except during system modification downtime). Extreme caution and awareness must be utilized at all times. Caution should be used when working near pressurized lines or heads. 3. Contact Landlord’s approved Fire Sprinkler contractors for any and all work within the Project:

Simplex Grinnell LP 810 Palmer Road Suite 201 Madison, AL 35758 256-755-2705 Contact – Scott Bailey Or International Fire Protection 243 Royal Drive Madison, Al 35758 256-461-9988 Contact – Jason Lively

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Construction Rules and Regulations for Tenant Contractors P. Smoke Detectors/Fire Alarm Testing 1. Contact Landlord's approved Fire Alarm contractors for any and all work within the Project. Professional Fire & Sound, LLC P. O. Box 14218 Huntsville, AL 35815 P - #256.883.1417 C - #256.665.5123 Contact - Steve Barnard 2. It is the sole responsibility of the Tenant and its contractor to provide a smoke detector system within each space. Any additional work required to be performed on the base building system will be at Tenant’s expense. At no time will Tenant's Contractor be allowed to tamper with, or disconnect, any part of the building shell's smoke detectors. Interference with the Projects life safety system will automatically make Tenant and their Contractor responsible for any damage that might occur to Project's equipment. All connections required by Tenant of Tenant's life safety system to the Project's life safety system will be performed by Landlord's life safety contractor at Tenant Contractor’s expense. Q. Work Coordination 1. Any mechanical, electrical, or plumbing item which needs to be routed through another Tenant's space must be approved with the Tenant Services Manager and the Tenant whose space the items will pass through prior to commencing any work. 2. No Tenant Contractor or subcontractor participating in Tenant's work will at any time damage, injure, interfere with or delay any other construction or other operation within the Project. 3. All work by Landlord's approved fire sprinkler contractor and roofing contractor should be scheduled through tenant‘s general contractor, not the Landlord’s Tenant Service Manager. However, approval for any roof penetrations must be received from Landlord’s Tenant Service Manager prior to contacting roofing contractor. R. Work Hours All work at the site is limited to Monday through Saturday from 7:00 am to 8:00 pm, unless specific permission is given by Landlord’s Tenant Service Manager. Please verify at check-in for the specific hours of this Project. Routine inspections/walkthroughs will be performed by Landlord's representative with regards to accurate performance of contractor's work, general safety requirements, and to ensure adherence to the "Contractors Rules and Regulations." S. Damage Repair Tenant Contractor shall be responsible for the repair and/or replacement of any damages caused by Tenant Contractor or his subcontractors to the Project or surrounding tenants. All damage must be repaired within a twenty four (24) hour time period, or the Landlord will complete all necessary repairs at the sole cost and expense of the Tenant, plus a twenty five percent (25%) surcharge. T. Landlord's Punch-list 1. Upon completion of the Tenant's improvement work, the Tenant or his Contractor shall notify the Landlord's Tenant Service Manager of the same. Within fifteen (15) days of such notification, the Landlord's Tenant Service Manager shall inspect the premises and prepare a punch-list of

12 Contractor Initials: ______Date: ______ Landlord Initials: _______ Date: _______

Construction Rules and Regulations for Tenant Contractors defective items, if any. Such punch-list shall be passed to the Tenant Contractor. All defects shall then be repaired within thirty (30) days of delivery of the punch-list. 2. Failure to complete all or any of the punch-list items to the reasonable satisfaction of the Landlord’s Tenant Service Manager within the prescribed time period, shall result in the deduction of $200.00 per day from the Tenant Contractor's construction security deposit. There are no exceptions! 3. Upon application to Landlord's Tenant Service Manager by the Tenant Contractor for the refund of their construction security deposit (if any), such deposit shall be refunded within thirty (30) days together with a statement of deduction, provided that: A. All construction is complete, including all Landlord punch-list items. B. A complete closeout/compliance package has been submitted to Landlord. C. All rubbish, debris, packing, storage vessels, transportation items, tools, vehicles, containers and the like, whether owned, leased, hired or off-hired by the Tenant or his Contractor, are removed from the premises and the overall project property in general. U. Compliance/Closeout Paperwork Tenant shall deliver the following to the Landlord within ten (10) days of completion of Tenant's work or Tenant's opening for business, whichever occurs first. These documents are to be in accordance with the Lease documents and include but are not limited to: 1. BUILDING PERMIT - Copy indicating inspection and approval by all Governmental Agencies. 2. NOTICE OF COMPLETION - Tenant shall obtain and record a Notice of Completion promptly upon completion of Tenant's work and shall promptly forward a Certified Copy to Landlord. 3. CERTIFICATE OF OCCUPANCY – A copy of the Certificate of Occupancy. 4. ELECTRICAL, MECHANICAL (HVAC), AND PLUMBING EQUIPMENT - Tenant shall submit to Landlord a letter from a state-registered structural engineer certifying that the electrical, mechanical, and plumbing equipment is adequately supported within three (3) days following substantial completion of Tenant's work. 5. LIEN RELEASES - Original copies of all final unconditional mechanics’s lien releases or other lien releases on account of Tenant's work shall be submitted in a Landlord approved form, signed and notarized by an officer of the company. 6. CERTIFIED STATEMENT OF LEASEHOLD IMPROVEMENT COSTS – A report that gives a complete itemized cost of the build-out of the Tenant's space. 7. CERTIFIED AIR-BALANCE REPORT - A report that gives a complete total of CFM output for the space, confirming HVAC design is met and adequate. 8. ARCHITECTURAL AS-BUILT PLANS – A copy of the record set of what was constructed at the premises.

13 Contractor Initials: ______Date: ______ Landlord Initials: _______ Date: _______

Construction Rules and Regulations for Tenant Contractors 9. MECHANICAL AS-BUILT PLANS - A copy of the record set of the mechanical system constructed for the premises. 10. PLUMBING AS-BUILT PLANS – A copy of the record set of the plumbing system constructed for the premises. 11. FIRE PROTECTION AS-BUILT PLANS – A copy of the record set of the fire protection system that was constructed for the premises. 12. ELECTRICAL AS-BUILT PLANS - The Record set of the electrical system that was constructed for the premises. 13. ANY OTHER PERTINENT AS-BUILT PLANS FOR THE PROJECT - Any other plans or documents, cut sheets, etc., of what was constructed for the premises. 14. CAD AS-BUILT DISKETTE - Computer Aided Drafting (CAD) diskette containing all of the above construction documents. 15. MATERIAL SAFETY DATA SHEETS (MSDS) - For all items noted in Section II, Paragraph I Safety, subparagraph 5, as may have been used in the construction process. 16. CONTRACTORS LICENSES – Copies of State of Alabama and City of Huntsville Contactors and Business Licenses for all contractors and sub-contractors

14 Contractor Initials: ______Date: ______ Landlord Initials: _______ Date: _______

Construction Rules and Regulations for Tenant Contractors

CONTRACTOR'S EXHIBITS The attached Exhibits are for your review and use. EXHIBIT A

Tenant Contractor Check List

EXHIBIT B

Coordination of Roof Related Work

EXHIBIT C

Permit to Work Before/After Mall Hours

EXHIBIT D

Contractor's Data Form and Consent

EXHIBIT E

Subcontractor List

EXHIBIT F

Electrical Check List

EXHIBIT G

Mechanical/Electrical Schedule

EXHIBIT H

Notice of Contractor Violation

EXHIBIT I

Certificate of Insurance Requirements

EXHIBIT A 15 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors TENANT CONTRACTOR CHECK LIST Landlord Approved Plans Copy of Landlord's Technical Manual - provided by Tenant/Tenant's Architect Building Permit Building Department Approved Stamped Plans Certificate of Insurance - See Exhibit I Initialed & Signed Copy of Tenant Contractor Rules & Regulations Schedule of Work 24-Hour Phone Number of General Contractor List of: - All subcontractors Contact Persons & Phone Numbers - All Suppliers & Phone Numbers $5,000 Security Deposit Permits on File in Management Office Material Safety Data Sheets Notice of Non-Responsibility Temporary Power Fee

FOLLOWING COMPLETION OF BUILD-OUT: Building Permit (signed copy from City) Notice of Completion (if applicable) Certificate of Occupancy (10 days after completion) Lien Releases (copies of Unconditional Mechanic's Lien Release) Certified Air Balance Report Architectural "as-built" plans Mechanical "as-built" plans Plumbing "as-built" plans Fire Protection "as-built" plans Electrical "as-built" plans CAD "as-built" diskette(s) of the work Completed Punch-list (including sign off by the Landlord) Copies of State, City and Business Licenses for Tenant Contractor and subcontractor

16 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT B COORDINATION OF ROOF RELATED WORK 1. All parties requiring roof access must sign in and out with the Landlord. Failure to do so may lead to legal action from Landlord and/or fines. 2. Any Tenant improvements to the roof must be coordinated through Landlord’s Tenant Service Manager or their designated representative for approval. Such improvements will not be allowed until written description of the work, along with specifications and drawings, has been submitted to the Landlord. Landlord's required roof contractor must perform any such work at Tenant’s expense. 3. Any unapproved work will be subject to corrective action by the Landlord at the expense of the Tenant, General Contractor and/or subcontractor. 4. All mechanical units for which the Tenant Contractor is responsible shall be maintained by the Tenant to prevent spillage or leakage of oils or grease onto the roof surface. Any damage resulting from such spillage or leakage will be corrected by Landlord at Tenant's expense. 5. All roof-top units are to be clearly stenciled with the Tenant's name, space number and house number. 6. Any damage to the roof inflicted by Tenant Contractor and/or his subcontractors will be corrected at the expense of the tenant. 7. All roof-related improvements must be installed with flashing applied in a manner acceptable to the manufacturer, by a manufacturer approved roofing contractor. Contractor charges are at the Tenant's expense. The only roofing contractor approved by Landlord is:

All South Subcontractors (205)836-8111

The following lists several guidelines pertinent to the placement and flashing of roof-related improvements. 1. No improvements should be installed during inclement weather. Tie-in of flashing materials to moist or dusty surfaces should not be attempted. Existing materials, as well as all metal or concrete surfaces, should be cleaned prior to application of new materials. 2. The improvements should in no way diminish or interfere with the structural integrity of the building, roof structure, or with roof drainage. 3. No improvements should be installed in any roof waterway or area of the roof which ponds water. 4. The distance between the new improvements and parapet walls, crickets, existing equipment curbs, or any rooftop projection, should be no less than 24" to allow for proper flashing and sealing of the roof membrane. 5. All electrical conduit, metal pipe, or plastic piping should be restrained to appropriate-sized wood blocking set into roofing cement. Attachment to blocking should allow for movement due to thermal expansion and contraction.

17 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT B – Pg.2 6. A licensed structural engineer registered in the state in which the work is being performed must certify the existing structure is adequate to support the load of the HVAC units and any other rooftop equipment. This certification will be performed at the Tenant’s expense. Any modifications required must be approved by the Landlord’s Tenant Service Manager before work commences. 7. All mechanical equipment should be attached onto platforms of curbs 12 inches in height on 2" x 12" with ¾" plywood on top. A 22-gauge metal cover with at least a 4" overhang is to be installed between the roofing material and the unit. Tenant's contractor is responsible for building the platform to the specifications provided herein. Platforms, curbs, and sleepers should be tied into the existing roof membrane in a manner acceptable to the roofing manufacturer. 8. If placement of curb or platform causes restriction of water flow and/or creates a pooling situation, a cricket should be constructed at the up-slope side of the curb. Crickets can be formed from Perlite roof insulation to provide a minimum slope of ¼" per foot. 9. Provide new prefabricated lead or metal pipe sleeve flashing to seal any new pipe penetrations through the roof to the specifications provided herein. Flashing flanges should be sealed in a manner acceptable to the roofing manufacturer. 10. The installation of antennas or satellite dishes are not permitted without prior written approval from the Landlord. 11. At areas where electrical conduits or other roof penetrations are removed, the roof deck must be repaired to its original condition or better, and be free from open penetrations. 12. Any debris, materials, unused parts, etc., should be removed by workmen prior to their leaving the premises. 13. Ladders will not be permitted on the side of the building for roof access.

THE FOLLOWING ATTACHED DETAILS ARE FOR YOUR USE AS THE APPROVED MEANS OF MAKING ROOF PENETRATIONS READY FOR ROOFING CONTRACTOR TO SEAL ROOF MEMBRANE: 1. 2. 3. 4. 5. 6. 7. 8. 9.

Hood flashing for insulated pipes Vent pipe flashing detail Lead sleeve pipe flashing detail Clearances for multiple pipes A/C Duct curb Equipment support Lead flashing clamp detail Block conduit pipe detail Equipment curb/platform

18 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT C PERMIT TO WORK BEFORE/AFTER PROJECT HOURS TENANT:

TODAY'S DATE:

SUPERINTENDANT:

24-HOUR PHONE:

SIGNATURE: NUMBER OF PERSONS: RESPONSIBLE PERSON: WORKING (if different from Superintendant): DATE REQUESTED:

TIME IN:

APPROX. TIME OUT:

TYPE OF WORK TO BE DONE: SPECIAL REQUESTS (if any): CHECKED BY:

This form is to be used if you, or anyone from your company, require access to the Project before 6:00 am or after 8:00 pm. Requester assumes full responsibility for damages to the project caused by members of their party. All members of group are to remain in workspace except to enter/exit building. Absolutely no unnecessary entrance from common areas will be allowed.

This notice, once approved, should be posted in a visible area so that security can see it without having to interrupt your work. In special cases where "security reasons" keep you from posting the notice, please have it available, if requested.

APPROVED BY: DATE:

_______________________

19 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT D CONTRACTOR'S DATA FORM AND CONSENT Tenant Name:

Tenant Space No.:

Contractor's Name: Individual in Charge: Building Permit Number: Plan Approved in Writing by Landlord

YES

NO

Certificate of Insurance Attached?

YES

NO

List of Subcontractors Attached?

YES

NO

Date Plans Submitted to the Building Department for Permit: Date Construction Started: Date Construction Scheduled to be finished: Finished: Deposit Received: Returned: Construction Charges total:

___________________

Amount Received:

___________________

I certify that I have read and thoroughly understand the attached "Construction Rules and Regulations for Tenant Contractors" and associated Exhibits and agree to abide by all of the same. I certify that the Landlord has possession of a security deposit, check #___________ in the amount of $______________. This deposit shall remain in the possession of the Landlord until such time that a "Notice of Completion" has been submitted showing that all governmental requirements have been signed off and a complete Closeout/Compliance Package has been provided to the Landlord. In addition, I understand that this security deposit may be fully retained, or partially retained (at Landlord's sole option), if any of the aforementioned "Construction Rules and Regulations" are violated. CONSTRUCTION RULES AND REGULATIONS RECEIVED AND ACKNOWLEDGED BY: Contractor: Superintendent: Address: City:

State:

Phone:

Fax:

Zip Code:

24 Hr Emergency Contact/Phone: Signature: Date:

20 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT E TENANT SUBCONTRACTOR LIST (To be received from Tenant Contractor and attached at Check-in.)

PROPERTY NAME: JOB NAME: JOB NUMBER: CLIENT CONTACT: Subcontractor Name:

Address

Contact Information

License Number

Contract Amount

21 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT F ELECTRICAL CHECK LIST

1. Lighting Plan (circuited). 2. Fixture Schedule 3. Power Plan (circuited) 4. Single Line Diagram (completed from Landlord's switchboard). 5. Size of Main Switch to be installed in Landlord's Main Switchboard. 6. Size of Bussman-Type "LPS-RK1" or Class J Current Limiting Fuses to be installed in Landlord's Main Switchboard. 7. Total Connected KW Load and Load Summary. 8. Main Circuit Breaker Building Disconnect in Tenant Space. 9. Type and Size of Feeder to Landlord's Main Switchboard (copper). 10. Smoke Detector Connected to Landlord's Supervised Fire Alarm System. 11. Smoke Control Diagram for Tenant Furnished HVAC Units. _______

12. Acknowledgment of Procedure to access Electrical Room

22 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT G

MECHANICAL/ELECTRICAL SCHEDULE 1. Tenant Name 2. Tenant Drawing Nos.

Space No. Mechanical

Electrical

3. Floor Area (Sq.Ft.) 4. Total Connected Electrical Load

Watts: _________ Watts/Sq.Ft:_____________

5. Tenant Calculated Design Heating Load

BTUH: ___________

6. Tenant Calculated Design Cooling Load

BTUH: ___________

7. Tenant Calculated Design Air Supply

CFM (per Tenant plans): _____________

8. Landlord Allotted Air Supply

CFM: ____________________________

9. Additional Air Supply Required

CFM: ____________________________

10. Toilet Exhaust: _______________________ CFM: _______________________________ 11. Special Exhaust/Make-up System(s) Data (Use, CFM, HP, Method of Operation, etc.) a. Make

___

b. Model # c. CFM

___

12. Air Conditioning Unit Data (if Tenant is installing its own system) a. Make

___

b. Model # c. CFM

___

23 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT H NOTICE OF CONTRACTOR VIOLATION Tenant Name:

Date:

Superintendent’s Name and Company:

Space No.:

Person Issuing Fine:



WARNING VIOLATION All Violations are payable within 5 calendar days or will be deducted from the Security Deposit CONSTRUCTION NOISE:

 Any work involving saw cutting, boring or drilling that creates excessive noise shall be performed during business hours. This is to ensure that neighboring tenants and passing customers are not disturbed. $250 Fine for each occurrence.

TRASH REMOVAL:

 Any contractor using the Property's non-approved trash bins will be charged a $250 fine, plus additional dumping fee(s), and if 

damage occurs due to contractor's use, contractor will be held obligated for all repairs and clean-up as the result of that dumping, plus a twenty-five percent (25%) surcharge. All disposal of hazardous waste shall be in accordance with local, state and federal regulations. Any contractor using the Property's trash bins for the disposal of hazardous waste will be charged a fine of $1,500. Contractor will be held obligated for all clean-up as the result of that dumping, plus a twenty-five percent (25%) surcharge.

SAFETY ITEMS:

     

Fire extinguisher; minimum 20 lb. ABC fire extinguisher to be located on site. $250 fine Hard hats, eye, foot, and proper work clothing shall be worn on site at all times. No metal hats or bump caps permitted. $250 fine Signage; post safety or hazard signage per OSHA regulations (bilingual if necessary). $250 fine Electric cords; tools and extension cords should not be frayed or damaged and should be equipped with ground. Use no tools without Ground Fault Circuit Indicator (GFCI). $250 fine Radios; no portable radios, boom boxes or headsets at any time. $250 fine Housekeeping; deposit all trash and debris in dumpster daily. Work, storage and break areas to be broom cleaned daily. $250 fine

OTHER - describe in detail:

BASIC FINES

          

Damage to base building; $500 fine plus repairs by Landlord. Unattended vehicle in the loading area. $125 fine Debris, material, or equipment in common areas or in corridors. $250 fine Failure to keep to prescribed route. $150 fine Entering public restrooms. $200 fine Smoking or drinking alcohol on site. $250 fine (NO WARNINGS) Unauthorized use of project power or equipment. $250 fine plus costs incurred by Landlord Littering on site. $100 fine Unauthorized roof access. $250 fine Debris on roof. $500 fine, plus a 25% surcharge Any contractor or subcontractor who tracks dirt or dust through the common area will be subject to a cleaning fine of $150 (and up).

DELIVERIES:

 Deliveries are to be made during off business hours. Any other delivery time must be pre-approved by Landlord. $100 fine.  Deliveries will be made through rear doors at all times. Exceptions are 4'x12' drywall, long metal/wood that can't be moved through service corridors. These items must be delivered before 9:30 am. Contractor is responsible for cleaning up any tracked dust or debris on common area floors after delivery is completed. $250 fine

24 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________

Construction Rules and Regulations for Tenant Contractors EXHIBIT I Certificate of Insurance Requirements refer to:

California Public Employees’ Retirement System

Risk & Insurance Manual For the Real Estate Portfolio As summarized below: General Liability:

Minimum $1,000,000 – single limit per occurrence Minimum $2,000,000 – products/completed operations aggregate Minimum $2,000,000 - general aggregate Minimum $1,000,000 – personal injury & advertising injury liability

Excess General, Auto & Employer’s Liability Insurance

Minimum $5,000,000 - per occurrence

Worker’s Compensation & Employer’s Liability:

statutory by law – Four (4) or more employees Bodily Injury by Accident - $1,000,000 per accident Bodily Injury by Disease - $1,000,000 policy limit Bodily Injury by Disease - $1,000,000 per employee

Automobile Liability:

$1,000,000 – combined single limit

---------------------------------------------------------------------------------------------------------------Certificate Holder:

IMI Huntsville, LLC Bridge Street Town Centre 365 The Bridge Street, Suite #106 Huntsville, Alabama 35806

Additional Insureds: Landlord: Landlord Interest: Landlord Interest: Landlord Interest: Landlord Interest: Property Manager: Mortgagee:

IMI Huntsville LLC Institutional Mall Investors LLC California Public Employees’ Retirement Systems (CalPERS) MCA Mall Investors LLC Miller Capital Advisory LLC Bayer Properties, LLC Wells Fargo Bank, N.A. (Administrative Agent)

25 Contractors Initials: ________ Date: ________

Landlord: ________ Date: ________