Construction/Remodeling

The tenant construction work procedure is designed to provide efficient scheduling of work while protecting other tenants from unnecessary noise and inconvenience.

Please contact the Property Management Office for the Tenant Work Design and Construction Rules and Regulations. This document contains detailed information to assist you in planning construction projects. Please review it carefully before design begins.

Contact the Property Manager as the first step. The Property Manager will be happy to assist you in completing your project efficiently.

Incorporate the provisions of the attached document into all of your agreements and contracts. You will need written approval from the Property Manager before contracting any work.

At least four (4) weeks before construction provide two (2) sets of drawings and plans to the Property Manager for approval. The Property Manager must also approve your list of contractors and subcontractors.

At least two (2) weeks before construction, schedule a pre-construction meeting with the Property Management Team. Meeting materials should include detailed schedules; addresses and telephone numbers of supervisors, contractors and subcontractors: copies of permits; proof of current insurance (including all subcontractor); payment, performance and lien bonds; and notice of any contractor's involvement in a labor dispute.

We will generally require that you conduct noisy, disruptive or odor and dust producing work, as well as the delivery of construction materials, outside of regular business hours.

We expect all contractors to maintain safe and orderly conditions, labor harmony, and proper handling of any hazardous materials. MSDS sheets must be supplied to the management office. We may stop any work that does not meet the conditions outlined in the attached document.

Before occupying the completed space, submit the final certificate of occupancy and any other approvals to the Property Manager. We also require an air balancing report signed by a professional engineer and an "as built" set of drawings in AutoCAD format on disk and one (1) hard copy showing all of the work in full detail.

Please note that this summary highlights key aspects of the attached document entitled Rules and Regulations for Design and Construction of Tenant Work for your convenience and does not supersede it in any way.

Contractors/Installations

Tenant will refer all contractors, contractor’s representatives and installation technicians, rendering any service to tenant to Landlord for supervision, approval and control before performance of any contractual service. This provision shall apply to all work performed in the Kinder Morgan building, including installation of telephones, telegraph equipment, electrical devices and attachments, and installations of any nature affecting floors, walls, woodwork, trim, windows, ceiling, equipment or any other physical portion of the building. All contractors and subcontractors perform work within the project must comply with any reasonable insurance requirements of Kinder Morgan. Contractor Rules and Regulations

Should tenant require telegraphic, telephonic, enunciator or other communication services, Kinder Morgan shall direct where and how vertical wires, are to be introduced and placed in the Kinder Morgan building and/or leased premises and none shall be introduced or placed except as Landlord shall direct in advance in writing.

Moving Procedures

Movement in or out of the Kinder Morgan building of furniture, office equipment, or other bulky materials, or movement through building entrances or the lobby of the building, shall be restricted to hours designated by Landlord. All such movement shall be under the supervision of Landlord and in the manner agreed between tenant and Landlord by prearrangement before performance. Such prearrangement shall be initiated by tenant in writing, however Landlord shall determine and control the time, method, routing of movement and limitations imposed by safety or other concerns which may prohibit any article, equipment or any other item from being brought into the building. Tenant assumes all risk as to damage to articles moved and injury to persons or public engaged or not engaged in such movement. Tenant shall not leave crates, boxes and other packing materials in the common areas associated with the leased premises of the building or in trash receptacles and dumpsters located on Kinder Morgan’s property.

Landlord shall have the right to approve or disapprove the movers or moving company employed by the tenant, and tenant shall cause said movers to use only the loading facilities and elevators designated by Landlord. In the event tenant’s movers damage any elevator or any other part of the building, tenant shall pay to Landlord the amount required to repair said damage.

Tenants are requested to contact the Management Office as far in advance of the move date as possible, but no less than two (2) weeks prior to any move in to or out of the Building, to coordinate the move and reserve the freight elevator. All move-ins/outs must take place after 5:30 pm, Monday through Friday, or on weekends and are scheduled on a first come, first served basis. Additional Charges for loading dock personnel, elevator operators, and security guards to accomplish the move will be charged to you at prevailing rates.

As a brief checklist, please provide the following to the Management Office prior to your move in date:

• Certificate of Insurance
• Tenant business telephone and fax numbers. At least two (2) after-hours emergency contacts (home telephone numbers)
• Directory designation
• Four (4) Fire Warden designates and (4) alternates per full floor occupancy
• Name of Tenant Administrative Liaison(s) and respective signature(s) of authorization

Arrangements should also be made with the Management Office for:

• Access control cards
• Evacuation training for Floor Wardens and employees
• Keys for offices

A list of Building approved movers is available in the Management Office.

• The following rules pertain to moving furniture, equipment and supplies in and out of the building
• The loading dock is the only building entrance permitted to be used for moves. Loading dock max clearance is 12'-6".
• All large deliveries must be scheduled between 6pm and 6am.
• Movers must carry insurance in accordance with the specifications in the Insurance Requirements section and provide a Certificate prior to the move
• Clean masonite sections must be used as runners on all finished floor areas where furniture or equipment is being moved with wheel or skid-type dollies. The masonite must be at least one-fourth inch thick, 4' x 8' wide sheets in elevator lobbies and corridors, and 32" wide sheets through doors in Tenant Space. All sections of masonite must be taped to prohibit sliding
• The mover must provide and install protective coverings on all walls, door facings, elevator cabs and other areas along the route to be a protective barrier. These areas are inspected for damage after the move
• Restoring any damage to the building or fixtures in connection with the move is the financial responsibility of the Tenant
• The freight elevator is the only elevator used for the movement of furniture, equipment and supplies unless prior written approval to use additional elevators is obtained from the Management Office
• Movers must make arrangements with the Management Office for use of the elevators for each move. A firm arrival time should be established for each day of a move
• Management Supervision is required during the move. Tenant will only be charged for those hours that extend the normal shift of staff and porter
• Movers are required to remove all boxes, trash, etc., when leaving the Building. Any materials left behind will be disposed of by building staff and charges for this disposal are billed to you with your next monthly rent.
• Our building has a strict "No Smoking" Policy. Moving crews are not permitted to smoke in any area of the building
• The Fire Department prohibits the blocking of any fire corridor, exit door, elevator lobby or of hallways. Moving vehicles should not be parked in marked "Fire Lanes"

Smoking

Smoking is prohibited throughout the Kinder Morgan building and in all areas outside of the building other than the designated smoking area. The designated smoking area is at the corner of McKinney and Milam. There are benches and ash urns in this location.

Pets

No animals shall be brought into or about the Kinder Morgan building except for service animals which must have the prior consent of Landlord.

General Rules

The Kinder Morgan building is a premier business address in Houston, as such we have worked very hard to create the most positive environment possible for you and your employees to conduct business in an orderly clean and desirable premises. We have endeavored to minimize our formal Rules and Regulations. However, in order to maintain the positive business environment, which initially attracted you as a tenant and minimize the interference by others to your premises, we anticipate your cooperation in observing the following Rules and Regulations prescribed by the Owner.

Please note that the term 'Tenant’ as used in these Rules and Regulations includes its officers, agents, servants, employees, licensees and invitees.

After Hours Entry: Owner reserves the right after normal building hours to require that persons entering the Building identify themselves and establish their right to enter or to leave the Building.

Animals & Bicycles: Tenant shall not bring into the Building, or keep in or around the premises any insect or animal, or bicycles without the prior written consent of Owner (wheelchairs, seeing eye dogs, and baby carriages excepted). Bicycle racks are provided on Service Level of the garage.

Antennas & Wires: Tenant shall not install any antenna or aerial wires, or radio or television equipment, or any other type of equipment, inside or outside of the Building, without Owner's prior approval in writing. Tenant may operate personal radios and/or televisions inside the premises leased or occupied by it, provided noise from such equipment is not audible outside the premises.

Blind Closing: Each Tenant shall cooperate with Owner in obtaining maximum effectiveness of the cooling system by closing blinds or drapes when the sun's rays fall directly on windows of the premises leased or occupied by Tenant.

Building Image: Tenant shall not advertise the business, profession or activities of Tenant in any manner which violates the letter or spirit of any code of ethics adopted by any recognized association or organization, or use the name of the Building for any purpose other than that of the business address of Tenant, or use any picture or likeness of the Building or the Building name or logo in any letterheads, envelopes, circulars, or notices, without Owner's expressed consent in writing, which consent may be unreasonably withheld.

Entrance Obstruction: Tenant shall not block or obstruct any of the public sidewalk entries, parking areas or courtyards adjacent to the Building, passageways, doors, corridors, elevators, elevator doors, freight elevator lobbies, hallways or stairways of the Building.

Tenant shall not place, empty, or throw any rubbish, litter, trash or material of any nature into such areas, or permit such areas to be used at any time except for ingress or egress of Tenant, its licensees and invitees.

Finish Materials: All carpets, fabrics and furniture purchased for premises leased or occupied by Tenant shall conform to local and state fire codes.

Flammable Fluids: Tenant shall not bring into the premises or the Building any flammable fluids, any chemical with a flashpoint of 100°F or 37.8°C or below or explosives or  without written permission of Owner.

Glass Panel Doors: Glass panel doors that reflect or admit light into the passageways or into any place in the Building shall not be covered or obstructed by Tenant. Tenant shall not permit, erect or place drapes, furniture, fixtures, shelving, display cases or tables, lights, signs or advertising devices in front of or in proximity of interior or exterior windows, glass panels, or glass unless the same shall have first been approved by Owner.

Hand Trucks: Any hand trucks used in any space or public halls of the Building, either by Tenant or by jobbers or others, in the delivery or receipt of merchandise, shall be equipped with rubber tires and safeguards.

Large Item Disposal: Tenant shall have the responsibility of disposing of crates, boxes, etc., which will not fit into office wastepaper baskets and other unusual waste. In no event shall Tenant set such items in public hallways or other areas of the Building, except within the premises leased or occupied by Tenant, for disposal. If Tenant wishes to dispose of such items prior to 6:00 pm., it may do so by calling the Management Office to arrange for porter service.

Locks: No additional locks shall be placed on any door in the Building, which are incompatible with the master keying system. Owner may at all times keep a passkey to all leased or occupied premises. All keys shall be returned to Owner promptly upon termination of each lease.

Material Movement: The movement of furniture, equipment, machines, merchandise or material within, into or out of the leased premises and the Building shall be restricted to time, method and routing as determined by Owner upon request from Tenant, and Tenant shall assume all liability and risk to property, the premises leased or occupied by it, and the Building in such move.

Owner's Reservation of Rights: Owner reserves the right to rescind, alter or waive any rule or regulation at any time prescribed for the Building when, in its judgment, in the interests of all Tenants, and no alteration or waiver of any rule or regulation in favor of one Tenant shall operate as an alteration or waiver in favor of any other Tenant. Owner shall not be responsible to any Tenant for the non-observance or violation by any other Tenant or any of the rules of regulations at any time prescribed for the Building.

Premises Infestation: If the premises become infested with vermin due to Tenant deliveries or acts or omissions of Tenant, Tenant at its sole cost and expense, shall cause such premises to be exterminated from time to time, to the satisfaction of Owner and shall employ such exterminators as shall be approved by Owner.

Quiet Enjoyment: Tenant shall not permit the operation of any musical or sound-producing instruments or devices which may be heard outside the leased premises or the Building, or which may emanate electrical waves which will impair radio or television reception from or in the Building.

Roof Access: Admittance to the roof of the Building is done only upon the written consent of Owner.

Sales or Auctions: No space in the Building shall be used for manufacturing, public sales or auctions.

Signal Communication: If Tenant desires signal communication, alarm or other utility or service connections installed or changed, such work shall be done at the expense of Tenant, with the prior written approval and under the direction of Owner.

Signs & Advertising: No sign, door plaque, advertisement or notice shall be displayed, painted or affixed by Tenant in or on any part of the outside or inside of the Building or parking facilities without prior written consent of Owner.

Soliciting & Peddling: Canvassing, soliciting, peddling, and distribution of handbills and other advertising material in the Building is prohibited. Tenant shall cooperate to prevent the same and shall promptly report such activities to the Management Office.

Other: Tenant shall not place, install or operate on the leased premises, or in any part of the building, any engine, stove, or machinery, nor conduct mechanical operations or cook thereon or therein, nor allow the preparation of food for commercial purposes, nor place or use in or about the leased premises any explosives, gasoline, kerosene, oil, acids, caustics, and any other inflammable, explosive or hazardous materials without the prior written consent of Landlord (and, in the event of any such approval, only in strict compliance with all applicable laws and regulations). Notwithstanding the foregoing, Tenant may install and use microwave ovens and vending machines to service Tenant’s employees and guests.