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EXHIBIT I
<br />3,34 Asslanment of Warranties, Effective upon completion of the Tenant Improvements, Landlord shall asslgn to Tenant
<br />all warranties and guaranlias by Contractor relating to the Tenant Improvements, and Tenant shell waive (slid hereby waives) nil claims against
<br />Landlord relating to, or arising out of the construction of, the Tenant improvements,
<br />, ECOON 4
<br />TIME: DELAYS
<br />4.1 'rime.
<br />CIA Tilnc of the Usence In 2:124 Work Letter. Unless otherwise indicated, all references herein to a "number of days"
<br />shall ineat and refer to calendar days. in all instances where Tenant Is required to approve or deliver an Rest, if no written notice of approval is
<br />given or the item is not delivered within Ilia 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 time period shall commence, Except where specific time periods are specified
<br />Lorain, oil references to a `reasonable period" contained In this Work Letter shall mesa a reasonable amount of lime to respond to die request or
<br />submission in question, taking into consideration all of the circumstances reasonably related to the amount ortime required, assuming reasonable
<br />diligence; provided, however, In no case shall such period overlie less than tivc'(5) business days,
<br />4,1,2 Time Deadlines, Tenant shall use its hest, 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 Dclays.
<br />4,2,1 Tenant D' , A'Tenant Delay" means any delay as a direct, indirect, partial, or total result of any act Or omission
<br />of Tenant or any ofTanont'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 or the provisions of this Work Letter or of the Lease; (c) any Changes requested by Tenant;
<br />(d) any requirement of TerimuL far materials, components, finishes or Improvements which are not available within a commercial ly reasonable period,
<br />or which are different from, or not included in, ilia Building Standards; (a) changes to the Base Building and/or Building Systems required by the
<br />Final Space Plmn the Approved Working Drawings (or any Changes); (Q any unreasonable interference by Tenmit or any orTeiant's Agents with
<br />the performance ace of ilia Tenant Improvements; or(g) any otherevent specified In this Work Letter to be a Tenant Delay,
<br />4.2.2 Landlord Delays, A "Landlord Delay" means an actual delay as a result of any of the following: (a) Landlord's
<br />railure (flor any reason other than a Tenant Delay or a Force Majeure Delay) to approve any matter requiring Landlord's approval under this Work
<br />Letter villhin the chile period therefor set forth in this Work Letter; (b) material and unreasonable interference by Landlord or of any of Landlord's
<br />employees, cgntractors or agents (except as oOiowise al lowed under this Work Letter) with Tenant's perfarmnnco of any of its obligations under Nis
<br />Work Letter; or (c) any other Failure by Landlord, which pursuant to the teats of this Work Letter Is deemed a Landlord Delay. Notwithstanding any
<br />proviaioa of this Work Letter to the contrary, In the event that Tenau claims that it has suffered a Landlord Delay, Tenant shall, Asa condition of the
<br />effectiveness of rite claimed Landlord Delay, within three (3) days of its discovery of the claimed Landlord Delay, notify Landlord in writing of the
<br />existence ofthe claimed Landlord Delay end the probabloestinioted duration orsuch claimed Landlord Delay.
<br />U.3 Force Alaieure Delays. A "Vo•ce Hlajcurc Delay" scans any: (a) actual delay attributable to any strike, lockout or
<br />other laborer industrial disturbance (whether or not on the part of the employees oreRher party hereto) other than any such disturbance caused by or
<br />related to any default or activities of Tenant or any Tenant's Agents (ifciainied by Tenant) or of Landlord or any of Landlord's agents, employees or
<br />conanclors (if claimed by Landlord), (b) actual delay caused by tiny civil disturbance, act or the public enemy, war, terrorism, riot, sabotage,
<br />blockade, or embargo, (a) actual delay attributable to lightning, earthquake, fire, storm, hurricane, Orlando, hood, washout or explosion, or (d) actual
<br />dairy caused by goveriummtal delay, In die issuance of the Permits not due to die Fault or negligence of Tenant or any Tenant's Agents (i rciaimed by
<br />Temuu) or gross negligence or wililld misconduct of Landlord (if elolmed by Landlord), or (a) tiny delay due to any other similar cause beyond [lie
<br />reasonable control or the party from whom perfonuance is required, and beyond the reasonable control of'its contractors and representatives
<br />(including, without limitation, In the case of Tenant, the Tenmu's Agents). Notwithstanding any provision or this Work Letter to the contrary, in die
<br />event lhal ray paity claims that it has suffered a Force Majcurc Delay, such party shall, as u condition of die edlbetivenes; Or such Force Majeure
<br />Delay, within three (3) clays of discovery of the source of such delay, notify the other party beret.) in writing of the existence OF such Force bl ajeure
<br />Delay, the nature oLdie steps being taken by such party to minimize such May and the probable estimuted duration of such Force Majcure Dolay,
<br />ECfiON 5
<br />GENERAL PROVISIONS
<br />5.1 Representatives, 'Tenant has designated DCBORAH SANCHEZ. CCONOMIC DBVELOPMENT SPECIALIST' III as Its sole
<br />rcpreseluutivc with suspect to tile,, content; sat larch in this Work Litter, who, until further notice to Luudlurd, shall live full authorityand
<br />responsibility to act on hchaffol'ilia Tennm as required in title Work Letter. Landlord has designated Tcd Eisclak as Its sole representative with
<br />respect to the matters set fmih in title Work Lotter who, until furdler notice to Tenant. shall have fill authority mid responsibility to act On bchalfof
<br />the Landlord as required in this Work Lcaor
<br />5.2 Tgrmnt's Igntiv into the Prentlsps1'rfor to Substantial Cmnpl t'nn, provided [hot Tdotlat And TcosnnCs Agents du not
<br />interfere In any icspact with Contractor's work (or perrornanco orthe Tenant Impruvements) in ilia Building and the Premises, Landlord shall allow
<br />Tcnmt ruaaonnble LICCeaa to Ole Premises lit least thirty (TO) days prior to the Sub,ofloOal C'onapletion Ibr ilia polluted of Tenant installing over
<br />01 tt'Chie Cower D1--0ToJ'SauW Urn Lerne 4 gxhibilC
<br />80A-353
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