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EXHIBIT 1 E
<br />CC'I ON 3
<br />CONSTRUCTIONL DELIVERY OF P12CAl ISES• SIMIANTIAL COMPLETION: PUNCH LIST ITEMS
<br />311 erntit., Landlord will cause Landlord's Architect and the Engineers to submit the Approved Working Drawings to the
<br />appropriate governmental en(ities and otherwise apply for nil applicable building and otter permits and approvals (collectively, "Permits") (if any)
<br />necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully complete the construction of the
<br />Tenonl improvements, NeWier Landlord nor any Landlord Party shall have any obligation or liability to Tenant If any Permit (including, without
<br />[!inflation, any building permit, certhi cafe of occupancy, or equivalent) Is not timely or otherwise issued,
<br />3.2 Landlord]';Sylectlunand RcleotionoftleConhaetot,
<br />3.2.1 Landlord shall submit the Construction Drawings for Out Prem(ses on a fixed contract amount (or CMAX) basis to a
<br />general contractor selected by Landlord (the "Contractor"), 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 the right to designate the subconhactor or subcontractors to perform particular trades (or components oil) ilia Tenant
<br />Improvements such as fire/life safety, FIYAC, structural slid electrical work,
<br />3.2.2 Landlord reserves the absolute right, without the need for Consultation with or tine consent of Tenant, to ferhinate 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 die Tenant Improvements, Notwithstanding any provision of tills Work Letter to the contrary, Tenant hereby waives nil 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 ally subcontractor theeof) for any reason,
<br />3.2.3 Ifthe Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720,2, the following sholl 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 Subject to restrictions and penalties in accordance wid) §1770 et seq. of tile Labor Code which requires
<br />Prevailing wages be paid to oppropr(ste work classifications In all bid speetfications and subcontracts,
<br />(b) Landlord shall regtdra the Contractor to Alrolsh al( subcontractors/employees a copy orthe, Department of
<br />Industrial Relations pevailing wage ratcs which Lessor will post at this Job site. For further information on prevailing wage:
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<br />(c) 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 of the Labor Code,
<br />(d) Landlord shall require the Contractor to (and to cause its subcontraetots to Lessor/co)nrncior to) make travel
<br />and subsistence payments to workers needed for perfa munce ofwork in accordance with the Labor Code,
<br />(e) Prior to cnmmencament of work, Landlord slut] require the Contractor to contact the Division or
<br />Apprenticeship S lnndards and comply with § 1777.5, § 1777,6, and § 1777.7 of the Labor Code and Applicable Regulations,
<br />3.3 Delivery of Prendses' S Isinnthi Cmtoolotlowl Punch 1 •st it ins,
<br />3.3.1 Delivery lit' Premises, Landlord shall deliver the Premises to Tenant upon Substantial Completion of the'fenmht
<br />Improvements. Subject to Laudlord's obligations under (his Work Letta•(including Landlord's obligations to perfor) (or cause to be perfonnod) 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, tinder Section 9,( of the Lease), Landlord shall have no duty or obligation to
<br />Improve, or pay for any improvement I'o•, the Premises or any portion ttereor and Teunnt shall accept the Same in Its Tenant dull accept the
<br />Premises in its then existing condition on the Delivery Date, "AS -IS", "WITH ALL FAULTS",
<br />3.3.2 Sgbslnn(inl Completion. For proposes of tits Lease, "Substantial Completion" shall occur upon (trod the promises•
<br />shall be "llubsianihdly Compicte" apart) (he substantial completion of construction of Iho Tenant Improvements pursuant lu the Approved Working
<br />Drawings, as evidenced by o "signal]" an the building permit and by an inspeetar of the applicable governmental authority (typically the city In
<br />which the Building is located), with OIL exceptun of oily Punch List Items (defined below) and any tenant fixtures. work•sations, built-in furniture,
<br />or equipment to be Installed by Tenant or under the supervision of Can tractor.
<br />3.3.3 punch List Items. Alter the Substantial Completion by Landlord of the Tenonl hnp•ovenionts. reprasenrntives of
<br />Landlord, Tenaw and tine Contractor shall coulptetely Inspect the Premises and complete a list Idle "Punch List") or all Punch List items (defined
<br />below). Authorized representatives orLmtdlord. Tenon and the Contractor shall execute said Punch List (o indicate their approval thereof Landlord
<br />shall valise the Contractor to complete all Punch List Items described oil the Punch Liston soon as reasonably possible following ate approval ofsuch
<br />Punch Lis(. As used herein, "t'uncb List Items" rucuns nil ihmu of construction which entail one or coon: details of conauveton. decnralion,
<br />nhechanical adjustment or installntinn Uhul (In not nmterially and ndverxely &O'eet tin list, still occupancy of any portion arthe Prenhiscs liar the normal
<br />conduct ofTenl nt's business,
<br />861 r{'Clnlr Cunlar Dr-C'(q, ojs"air I'la Lunn 3 IdehibitC
<br />80A-447
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