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EXHIBIT 1B
<br />3.3.4 Assianrocnt of'Vn n•n sties, Effective upon completion of the Tenant improwrint s, Landlord shot Resign to Tenant
<br />nil warranties and guaranties by Contractor Painting to the Tenant Improvements, and Tenant shall waive (mid hereby waives) all claims against
<br />Landlord heisting to, or arising out of the construction of, the Tenant improvements,
<br />SECJ;,(ON 4
<br />TIMEI DELAYS
<br />4,1 Time.
<br />4.1.1 Time or the Essence in Illis'York Leffii . Unless otherwise indicated, all references herein to a "number of days"
<br />shall mean and refer to calendar days. in all Instances where Tenant is required to approve or deliver an item, If no written notice of approval is
<br />given or the Ptcnl is not delivered within the stated time period, at Landlord's sole option, at ilia end of such period the item shall automatically be
<br />deemed npprved or delivered by Tenant and the next succeeding time period shall commence. Except where specific time periods are specified
<br />herein, all references to a "reasonable period" contained in this Work Letter shall been a reasonable amount ordure to respond to the request or
<br />submission la question, taking into consideration all of the circumstances reasonably related to the amount of time required, assuming reasonable
<br />diligence; provided, however, in no case shall such period ever be Tess than five'(5) business days,
<br />4.1.2 Time Deadlines, Tenant shall use its best, good faith, efforts and all due diligence to cooperate with Landlord,
<br />Landlord's Architect and die Contractor to complete all phases of the Construction Drawings and tine permitting process and to receive the Permits,
<br />and to achieve Substantial Completion as soon as possible, and, In that regard, shall meet with Landlord on a scheduled basis to be determined by
<br />Landlord. to discuss Landlord's progress in Connection with tile Same.
<br />4.2 Man.
<br />s,
<br />4.2A Tons at Dclays, A "Tounnt Delay" means any delay as a direct, indirect, partial, or total result of any act or omission
<br />or Tenant or any of Tenant's Agents, including, without limitation, any of the following: (a) Tenant's failure to timely approve any matter requiring
<br />Tenant's approval hereunder; (b) any breach by Tenant of the provisions of this Work Letter or of the Lease; (c) any Changes requested by Tenant;
<br />(d) city requirement of Tenmu for materials, components, finishes or improvements which are not available within a commercially reasonable period,
<br />or which are different from, or not included in, the Building Standards; (a) changes to the Base Building and/or Building Systems required by the
<br />Final Space Plan, the Approved Wording Drawings (or any Changes); (q any unreasonable interference by Tenon or any orTennnt's Agents with
<br />the perronnunce of tine Tenant Improvements; or any other event specified in this Work Letter to be a Tenant Delay.
<br />4.2.2 Landlord Delays. A "Landlord Delay" means an actual delay as R result of any of the following: (a) Landlord's
<br />failure (I'or any reason other than a Tenant Delay or a Nice Majeure Delay) to approve any matter requiring Landlord's approval under this Work
<br />Letter within the time period therefor set famh in this Work Letter; (b) material and unreasonable interference by Landlord or of any of Landlord's
<br />employees, contractors or agents (except as otherwise allowed under this Work Letter) with Tenant's performance of any of its obligations underthis
<br />Work Let or; or (a) any other failure by Landlord, which pursuant to the tents of this Work Letter is deemed a Landlord Delay. Notwithstanding any
<br />provision of this Work Letter to the contrary, in the event that Tenant elaims that it has suffered a Landlord Delay, Tenant shall, as a condition of ire
<br />elfeedveness of die claimed Landlord Delay, within three (3) days of its discovery of the claimed Landlord Delay, notify Landlord in writing of fire
<br />existence ol'the claimed Landlord Delay and the probable cstimuted duration ofsuch claimed Landlord Delay.
<br />4.2.3 Ill Maluure Delays. A "Force Majeure Delay" means any: (a) actual delay attributable to any strike, lockout or
<br />other labor or industrial disturbance (whether or not on the part critic employees of either party hereto) other than any such disturbance caused by or
<br />related to any default or activities of Tenant or any Tenant's Agents (if claimed by Tenant) or of Landlord or any of Landlord's agents, employees or
<br />contractors (ir claimed by Landlord), (b) round delay caused by any civil disturbance, act of the public enemy, war, terrorism, riot, sabotage,
<br />blockade, or embargo, (c) actual delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout or explosion, or (d) actual
<br />dairy caused by governmental delay In die issuance of the Permits not due to the limit or negligence of regent or any Tenant's Agents orchorged by
<br />'I'emmt) or gross negligence or MUM misconduct of Landlord (if claimed by Landlord), or (e) tiny delay due to any other similar cause beyond the
<br />reasonable control or the party front whom performance is required, and beyond the reasonable control of"its contractors and representatives
<br />(including, without limitation, in the case of Tenant, the Tenant's Agents). Notwithstanding any provision orthis Work Letter to the contrary, in the
<br />event that any party claims that it has suffered a force Majcurc Delay, such party shall, as a condition of due effectiveness orsuch Force Majeure
<br />Deliny, within three (3) days ordiscovery arthe source orsuch delay, notftp the other party hereto in writing of Ilia existence of such Ponce hlnjeue
<br />Delay, ilia nature of die steps being taken bysuch party to minimize such delay and the probable estimated duration ofsuch Force Majeure Delay,
<br />SEMON 5
<br />CENLRlM PROVISIONS
<br />S.I Reureselitadves, "Tenant has designated DEBORAH SANCNii2.. ECONOMIC DEVELOPMENT SPECIALISTIII as Its sole
<br />representative with respect to the mntiere set forth in this Work Letter, who, until furiler notice to Luadlcrnl, shall have full authority and
<br />responsihi Iity to act on bell ufI'or the Tenant its mquIred in this Work Letter. Land lord has deal staged 'I'ad Bisehnk as Its sole representative with
<br />respect to ilia nowers set forth in this Work Lotto who, until further notice to Tenant. shall have lull authority and responsibility toact on biduffol
<br />Ilia Landlord its required in this Work Letter
<br />5.2 J,'ermnl's Entry into the prcmfses 11rin• to c lhgtantial C'nnrpl •t rn. Provided that Tenani and Tenant's Agents du not
<br />ilnerl''ire In any aspect with Contractor's work (or performmnce Lifting Tenant Improvements) in the Building and the Premises. Landlord shall allow
<br />Tenant rcusonnbla ueccoi to die Premises tit legal thirty (30) days prior to the Substantal Completion lbr ilia purynoso or Tenant insmllibg over
<br />8s1 WC M, Cci a'r Dr—Ciry"nJ'StuNn,Juu hard
<br />tchlhil C
<br />80A-161
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