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EXHIBIT 1C
<br />SUCTION 3
<br />CON8TffOCT10N I3ELlVf RV OFPREN1§ES• SUBSTANTIA L COMPLCTI ON PUNCH LIST I TENNIS
<br />3.1 Eernihs. Landlord will cause Landlord's Architect and the Engineers to submit the Approved Working Drawings to the
<br />appropriate governmental entities and otherwise apply for all applicable building and other permits and approvals (collectively, "Permits") (Irony)
<br />necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and filly complete the construction of the
<br />Tenant Improvements, Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant If say permit (including, without
<br />limitation, any building permit, certificate of occupancy, or equivalent) Is not timely or otherwise issued.
<br />3.2 Landlord's Selection and Rcoq don ofthe Contraetuc
<br />3.2.1 Landlord shall submit the Construction Drawings for die Premises on a fixed contract amount (or OMAX) basis to a
<br />general contractor selected by Landlord (the °(:onhvctur"), which Contractor shall be independently retained by Landlord (pursuant to such
<br />construction contract form as Landlord shall in good faith determine) to construct the Tenant Improvements in accordance with the Construction
<br />Drawings. Landlord reserves ilia rfshl to designme the subcontractor or subcontractors to perform particular trades (or components of) ilia Tenant
<br />Improvements such as fire/life safety, FIVAC, structural slid electrical work.
<br />3.2,2 Landlord reserves the absolute right, without the need for consultation with or the consent of Tenen6 to temhinste 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 Tenant Improvements, Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby wolves all claims against
<br />Landlord, and Landlord shall have no responsibility or liability to Tenant, on account of any nonperformance or any misconduct of any Contractor
<br />(or any subcontractor thereoq for any reason,
<br />3.2.3 lfthe Tenant Improvements shall constitute "public works: pursuant to Labor Code §7720.2, the following shall apply:
<br />(a) Landlord shall require the Contractor to comply with (and to cause its subcontractors to comply with)
<br />prevailing wage requirements and be subtlest la restrictions and penalties in accordance wish §1770 et seq. of the Labor Code which requires
<br />prevailing wages be paid to appropriate work classifications In all bid spaolfhcutions and subcontracts,
<br />(b) Landlord shall require the Contractor to Hanish all subcontractora/employees a copy or the Department of
<br />Industrial Relations prevailing wage rates which Lessor will post at the job site, For further information on prevailing wage:
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<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 orli offlit Labor Code,
<br />(d) Landlord shall require the Contractor to (and to cause its subcontractors to Lessor/contractor to) make travel
<br />mid subsistence payments to workers needed for performance of work in accordance with the labor Code.
<br />(a) Prior to cnohmeacxmant of work, Landlord shall require Elie Contractor to contact the Division of
<br />Apprenticeship Standards and comply with §1777.51 §1777,6, and §17717 ofthe Labor Code and Applicable Regulations,
<br />3.3 Delivcrw of Premises Subs(nntdal Cmmnteflem P r heh List Items.
<br />3.3.1 Delivery of, Premises, Landlord shall deliver the Premises to Tenant upon Substantial Completion of the Tenant
<br />Improvements. Subject to Landlord's obligations under this Work Letter (including Landlord's obligations to perform (or cause to be performed) the
<br />Landlord's Work and to construct (or cause to be constructed) the Tenant Improvements in accordance with the Con.s0uctlo l Drawings) and to all of
<br />Landlord's other express obligations mnder the Lease (including, under Section 9 of the Lease), landlord shall have no duty or obligation to
<br />improve, or pay for any improvement for, the Promises or any portion thereof and Tenant shall accept the same in Its Tenant shot[ accept the
<br />Premises in its, then existing condition on the Delivery Date, "AS -IS", "WITH ALL FAULTS",
<br />3.3.2 A=I. tnnlinl Completion. Pot purposes of f ils Lease, "Substantial Completion" shall occur upon (and ilia premises
<br />shall be "Substuntully Complete" upo) the substantial completion oreanstmodon of the Tenant Improvements pursuant to the Approved Working
<br />Drawings, as evidenced by a °sigooll" an the building permit card by an Inspector of the applicable governmental authority (typically file city in
<br />which the Building is located), with tro exception of any Punch List Items (dolled below) and tiny levant fixtures, svork-stalions, bulk4n furniture,
<br />orequlpmenl to be Installed by Tenant or under ilia supervision a f Contractor.
<br />3.3,3 Punch List ticmy. Ater the Substantial Completion by Landlord of the Tenant Improvements. repmscntndvas of
<br />Landlord, Tenant and the Contractor shadi coulpiciniy inspect the prcudses and complete a list (the "Punch List") or all Panel, List Items (defined
<br />below). AntlhorizuJ represcntativcs• ort.andlord. Tannin and the Contractor shall execute said Puacli List to indicate their approval thereof Landlord
<br />shall cause the Contractor to complete all Punch List Ilcms described on the Punch List m soon as reasonably possible following tie approval of such
<br />Puncll List. As used herrin, "Pwhch List Items" moons all items of construction which entail one or more details of eonsuuclion, decoration,
<br />mechanical adjustment or (nstallminn dint do not nod erially and adversely affect the use aid occupancy of any portion orthe Premises Iter the normal
<br />conduct orTenaut's business.
<br />8111 It'Chllr Carver Or- Coy ofS'nnm Anrr Lrevu
<br />eh ihit C
<br />80A-258
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