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EXHIBIT 1E
<br />3.3.4 AAllt ant of Warrunlics, EfrectIve upon completion of the Tenant Improvements, Landlord shot assign to Tenant
<br />all warranties and guaranties by Contractor relating to the Tenant Improvements, and Tenant shall waive (and hereby waives) all ciniols against
<br />Landlord relating to, or arising out of the cnstructon of, the Tenant Improvements.
<br />SECCION 4
<br />TINIEI DCLAYS
<br />4.1 Time,
<br />4.1.I Time of the Essence in This Work, L elter. 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 deivar an 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 time pa4od shall commence, Except where specific time periods are specified
<br />herein, all references to a 'reasonable period" contained in this Work Letter shall mean a reasonable amount of time to respond to die request or
<br />submission in question, taking into consideration all of the circumstances reasonably related to the amount of lime required, assuming reasonable
<br />diligence; provided, however, in no case shall such period ever be less than Fivd(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 Pcrmits,
<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 disouss Landlord's progress in connection with the some,
<br />4.2 Dclam
<br />4.2,1 Tenant Delxvs, A "Tenant Delay" means any delay as a direct, indirect, partial, or total result of nay act or omission
<br />of Tenant or any of Tman'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; (a) any Changes requested by Tenant;
<br />(d) any requirement of Tenant fbr materials, components, finishes or Improvements which are not available within a commeroially reasonable period,
<br />or which are different from, or not included in, the Building Standards; (e) changes to the Base Building and/or Building Systems required by the
<br />Final Space Plan, the Approved Working Drawings (or any Changes); (Q any unreasonable interference by Tenwu or any orTenant's Agents with
<br />the performance or the Tenant Improvements; or(g) any otherevent specified In this Work Letter to be a Tenant Delay.
<br />4.2.2 Landlord Delnvs, A "Landlord Delay" means an actual delay as a result of any of the following: (a) Landlord's
<br />failure (I'or any reason other than a Tenant Delay or a Force Majeure Delay) to approve any matter re !thing 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 />employees, contructars or agents (except as otherwise Allowed under this Work Letter) with 'tenant's performance of any of its obligations underthis
<br />Work Letter; or (c) any other failure by Landlord, which pursuant to the terms of this Work Letter is deemed a Landlord Delay. Notwithstanding any
<br />provision ofthis Work Letter to the contrary, In the event that Tenant claims tlhat it has suffered a Landlord Delay, Tenant shall, as a cond ltlon of the
<br />effectiveness of die claimed Landlord Delay, within three (3) days of its discovery or ilia claimed Landlord Delay, Aet!fy Landlord in writing of the
<br />existence ofthe claimed Landlord Delay and the probable estimated duration ofsuch claimed Landlord Delay.
<br />4.23 Force rtlaieure Delays. A "Force Niajeure Delay" means any: (a) actual delay attributable to any strike, lookout or
<br />other laborer industrial disturbance (whether or not on the part of the employees of either party hereto) other than any such disturbance caused by or
<br />related to any default or activities of Tenant or oily Tenant's Agents (irciaimed by Tenant) or of Landlord or any of Landlord's agents, employees or
<br />contractors (if claimed by Landlord), (b) actual delay caused by any civil disturbnnec, act or the public enemy, war, terrorism, riot, sabotage,
<br />blockade, or embargo, (c) Actual delay attributable to lightning, earthquake, fire, storm, hurricane, lornado, flood, washout or explosion, or (d) actual
<br />delay caused by govermnental delay In the issuance of fha Permits not due to the fault or negligence of'reant or any Tenant's Agents (tf claimed by
<br />Tenant) or gross negligence or willtd misconduct of Landlord (if claimed by Landlord), or (a) any delay due to any other similar cause beyond the
<br />reasonable cnntol or the party front whom perfonnunce is required, and beyond the musonabla Control of"its contractors and representatives
<br />(including; without limitation, In the case ofTonmLL the Tenant's Agents). Notwithstanding my provision of this Work Letter to the contrary, in the
<br />event that any party claims (lint it has sutibred a Force Majcurc Delay, such party shall, as u condition or die efibetiveness or such Force Mnjeure
<br />Delay, within three (3) clays ofdiscovery of the source of such delay, nobly the other party heralu in writing of the existence of such Force Mrijem•e
<br />Delay. due naLAIV ordid steps being taken bysuch party to minimize such delay and the probable astimuled duration of such Force Mnjeure Delay,
<br />SECTION 5
<br />CENCRAL PROVISIONS
<br />5.1 Reoresen tit thys, 'fumut has designated DFiBORAH SANCHIi2.. ECONOMIC DWROPNIENT SPECIALIST III as Its sold
<br />rcpresetladve with respect to the nnttea act forth in this Work Letter, who, until further notice to Landlonl, shall have full authority slid
<br />responsibility to act an bchuif or the Tenant ns required In this Work Letter. Landlord has designated 'red Bischak as [Is rule representative with
<br />rospdcl to the matters set forth in this Work Letter who, until further notice to Tenant. shall have Bill authority and responsibility to act on bchalfof
<br />the Lnndlorl as required in this Work Lester
<br />5.2 Tenant's t:ntry into tin Premises 1'rin • to�$t�tanri l Cnnndet , Ili-ovided that Tenant slid Tenant's Agcma do not
<br />inhulere In tiny respect with Contractor's work (or performanne orLhe Tenant Impruvements) In the Building and the Premises, Lundlord shall Allow
<br />Tenant rumonuble access to tie Premises At least thirty (30) clays prior m the SuhstgAtiol C'omplction Ibr the purpose of" I'enmu Insnallidg over
<br />8#1 0,011i,• C'enrar Ar —Cip.• of'sa"m r4ea Loam 4 ExhlbiI C
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