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EXHIBIT 1C
<br />3.3.4 Aasienaenf of Wnrrnnlias, Effective upon completion of the Tenon I, Improvements, Landlord shall naslgn to Tenant
<br />all warranties and guerrillas by Contractor relating to the Tenant Improvements, and Tenant shall waive (and hereby wolves) all claims against
<br />Landlord relating to, or arising out of ate construction of, the Tenant improvements,
<br />SC fION 4
<br />TIMEIDELAYS
<br />U Time.
<br />4.1.1 Tittle nF the Etsence In This Work Ulfe , Unless otherwise indicated, all references herein to a "number of days"
<br />shall mean and refer to calendar days. in all instances where Tennnt is required to approve or deliver all item, if no written notice of approval is
<br />given or the item is not delivered within the stated time period, at Landlord's sole option, at the end of such period the item shall automatically be
<br />deemed approved or delivered by Tenant and the next succeeding lime perlod shall commence, Except where specific time periods are sprelned
<br />herein, oil references to a "r nisonnble period" contained In Otis Work Letter shall mean a reasonable amount of time to respond to tile request or
<br />submission in 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 less than five'(S) 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 the Contractor to complete all phases of the Construction Drawings and the 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 the same.
<br />4.2 DeIM
<br />4,21 Tenant Dabvs, A'Terant Delay" means any delay as a direct, indirect, partial, or total result of any act or omission
<br />oFTenant or any ol'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) say breach by Tenant orthe provisions of this Work Letter or of the Lease; (a) any Changes requested by Tenant;
<br />(if) any requirement afferent for materials, components, finishes or improvements which are not available within a commercially reasonable period,
<br />or which ure 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 flan, the Approved Worldng Drawings (or any Changes); (q any unreasanoble interference by Tenant or any ufTormnt's Agents with
<br />the performance of the Tenant Improvements; or(g) any other event specified in this Work Letter to be a Tenant Delay,
<br />4.2.2 Landlord Delays, A "Landlord Delay" aeons an actual delay as a result of any of the following: (a) Landlord's
<br />failure (kbr any reason other than a Tenant Delay or a Ponce Majeure Delay) to approve any matter regniring Landlord's approval under this Work
<br />Letter within the time period therefor set forth in this Work Letter; (b) material and unreasonable interference by Landlord or of any of Landlord's
<br />ompiayeas, contractors at, agents (except as otherwise allowed under this Work Letter) with 'tenant's performance orony of its obligations underthis
<br />Work Letter; or (c) any other Failure by Landlord, which pursuant to ilia icing of this Work Leter Is deemed a Landlord Delay. Notwithstanding any
<br />provision oflhis Work Letter to the contrary, in the event that Tel l claims that it has suffered a Landlord Delay, Tenant shall, as a condition of the
<br />effectiveness of die claimed Landlord Delay, within three (3) days of its discovery ofthe claimed Landlord Delay, notify Landlord in writing of the
<br />exismuce uFthe claimed Landlord Delay and the probable estimated duration arsuch claimed Landlord Delay.
<br />4.2.3 Force iVlainure Delnvs. A "Force Majcurc Delay" means any; (a) actual delay attributable to any strike, lockout or
<br />other Labor or industrial disturbance (whether or not on the par Ofthe employees of either party hereto) other than any such disturbance caused by or
<br />refuted to any default or activities of Tenant or any Tenant's Agents (if claimed by Tenant) or orLandlord or any of Landlord's agents, employees or
<br />contractors (if claimed by Landlord), (b) actual delay caused by nay civil disturbance, act of [lie public enemy, war, terrorism, riot, sabotage,
<br />blockude, or enrbago, (a) actual delay attributable to lightning, earthquake, fire. gratin, hurricane, lomado, fund, washout or explosion, or (d) actual
<br />delay caused by governmental delay In lie issuance of the Permits not due to the fault or negligence of Tenant or any Tenant's Agents (i rcloimed by
<br />'Pertain) or gross negligence or willRrl misconduct of Landlord (if claimed by Landlord), or (e) any delay due to any of her sdnhllar cause beyond (lie
<br />reasonable control or the party from whom perfomnance is required, and beyond the reasonable control of•dts contractors and reprosentadves
<br />(including; without limitation, In the case of Tenant, the Tenant's Agents). Notwithstanding any provision oflhis Work Letter to the contrary, in die
<br />eyed thal any party claims that it has suffered a Force Majeurc Delay, such party shall, as u condition or die effectiveness of such Force Mqjeure
<br />Delay, within three (3) flays of discovery orthe source orsueh delay, amity the other party hereto in writing orthe existence oFamh Force binjeme
<br />Delay. ate nature orthe steps being token bysudh party to minimize such delay and the probable estimated duration of such Pm•ce Mujeum Dolay.
<br />swriONS
<br />CENLRAL PROVISIONS
<br />5.1 R u"resmttadves. 'Tenant Ills designated Dp.BORAH SANCHEZ. ECONOMIC DEVELOPMENT SPECIALIST III as Its sole
<br />representative with respect to (lie matters set forth fit this Work Leiter, %vl)o, until further notice to Landlord, shall have full authority and
<br />responsibility to act on bchuff or (lie Tenant as required in title Work Letter. Landlord has desig iti ed Tod Mild nk as Its sole representative with
<br />respuct to the natters set forth In tits Work Letter wile, until further notice to Tenant, shall have dad authority and responsibility loact on hchadfor
<br />the Landlord as required In this Work Letter
<br />52 'I'enant's Lraniv into the Premises friar to visa maid 'nn1Pl tl Provided that'Nutint And Tenant's Agents do not
<br />interfere Iliany respucl with Cantraclor's work (mar pet rain once of the Tenant Improvements) In the Building and the premises, Landlord shall allow
<br />Tenant rl'agannhde uecess to die Premises at least thirty, (30) days prior In the Substantial Completion I'ar tho pugmsu of funnnt Installing over
<br />8#1 UThir C'enrer Ur—Clp•nJ'Suarn •4nn Leese
<br />L".xhibil C.
<br />80A-259
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