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EXHIBIT I <br />SECTION3 <br />C0NSTRUCT1gN• QCLIVPRV 0 rPRI 671 M SUNTANT(A(r COMPLETI ON PUNCH LIST ITCNS <br />3.1 Permits. Landlord will cause Landlord's Architect and die Engineers to submit the Approved Working Drawings to the <br />appropriate gavernmenlal entities slid otherwise apply for all applicable building and other permits and approvals (collectively, "Pa•mits") (If any) <br />necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully complete the construction orthe <br />Tenant improvements• Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant If any Penuit (including, without <br />Ilndtation, any building permit, certi dame o f occupancy, or equivalent) Is not timely or otherwise Issued. <br />3.2 Landlar'J's Selection and Retention or fit Coll(ra eter. <br />3.2.1 Landlord shall submit Ilia Constriction Drawings for die Premises on a fixed contract amount (or OMAX) basis to 0 <br />general contractor selected by Landlord (the "CAmfruefer" ), which Contractor shall be independently retained by Landlord (pursuant to such <br />construction contract farm as Landlord shall )a good faith determine) to constant the Tenant Improvements in accordance with the Construction <br />Drawings. Landlord reserves the right to designate the subcontractor or subcontractors to perform particular trades (or components of) the Tenant <br />Improvements such us fire/life safety, HVAC, structural and electrical work. <br />3.2,2 Landlord reserves the absolute right, without the need for consultation with or the consent or Tenant, to terminate the <br />Contractor for nonperformance (as determined in good faith by Landlord) and in such case Landlord may select another general contractor to <br />complete the Temanl improvements. Notwithstanding toy provision of this Work Letter to the contrary, Tenant hereby waives all claims against <br />Landlord, and Landlord shall have no responsibility or liability to Tenant, on account of any nonperformance or any miseonduol of tiny Contractor <br />(or any subcontractor thereof) for any reason• <br />32.3 Ifthe Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720.2. the following shall apply: <br />(s) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with) <br />prevailing wage requirements and be subject to restrictions and penalties in accordance with §1770 at seq. of the Labor Code which requires <br />prevaflingwages be paid to opproprinle work classifications Inail bid specifications end subcontracts, <br />(b) Landlord shall require Ole Contractor to ftumish all subcontractors/employees a copy orthe Department of <br />Industrial Relations prevailing wage rates which Lessor will post at tie job site. For further information on prevailing wage: <br />http'/7tiyww tires env/Ill statistics research hail <br />(a) Landlord shall require the Contractor to comply with (and to cause Its subcontractors to comply with) the <br />payroll record keeping and availability requirement of §1776 ofihc LaborCode, <br />(d) - Landlord shall require the Contractor to (and to cause its subconbsetors to Lessor/cmhtraetor to) stake travel <br />and subsistence payments to workers needed for performance of work in accordance with die labor Code, <br />(a) Prior to commencement of work, Landlord shull require tilt COR(raatar to contact the Division of <br />Apprenticeship Standards and comply with § 1777.3, §I777,6, and § 17777 of the Labor Code and Applicable Regulations, <br />3.3 Delivery of Prcmises' SHbstnntial Cmmille)lon• Pencil Lit Italia. <br />3.3.1 Delivery of Premises, Landlord shall deliver ilia Premises to Tenant upon Substantial Completion of the'fennnl <br />improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligations to perform (arcAuse to be perfannod) the <br />Landlord's Work and to construct (or cause to be constructed) die Tenant Improvements In accordance with the Construction Drawings) and to all of <br />landlord's other express obligations under the Lease (including, under Section q of the Lease), Landlord shall have no duty or obligation to <br />improve, or pay for any innp'ovennenl for, the Premises or any portion thereof and Talent shall accept the snore in Its Tenant shnll accept the <br />Premises in its, then existing condition on the Defivery Date, "ANS", "WITH ALL FAULTS", <br />3,12 Substmninl COMIDIMMI. Por purposes artiids Lease, "Subslaathll Completion" shall occur upon (and the Promises <br />shall be';SubVintnlly Complete" upon) the substantial completion ofconstruction of the Tenant improvements pursuant to the Approved Working <br />Drnwings, as evidenced by a "signoll" an the building permit card by tin Inspector of the applicable governmental authority (typically the city in <br />which the Building is lucateci), with Ore exceptun orally Punch List Items (defined below) and any tenant fixtures. work -stations, bulit•in furniture, <br />or equlpmenl to be Installed by Tennnt or under ilia supervision of Can tractor. <br />3.3.3 j'lanch List Ircmy. Alter the Substantial Completion by Landlord of the Tenant improvements. representntives of <br />landlord, Tenant and the Contruetor shall completely inspect the Promises And complete s list (010 "Punch fist") orall Purnell List Items (defined <br />below). AurlhorizeJreprusent❑tivesol'Landlord.Ten;eaend Ilia ContmcrorshallexectuesAidPuncitList toIndicate theirapprovidflereoG Landlord <br />AMC cause the Contractor to complete all Punch List tittles described oil the Patch Listas soon as reasonably possible following Ilia approval orsuch <br />Punch List. As used herein, "Punch List Innis" means all items al'canstruction which aunii one or more details of conseac ion. decoration, <br />mechanical adjustment or installatnn thal tin not nrnerinlly and ndveisely street tin use slid occupnnoy orsny portion orthe Premises liar the normal <br />conduct orTenant's business, <br />Rill IVC1,*CwDer Dr-C'6,r, nfS'nrrminn Lwow <br />12xhibit C <br />80A-160 <br />