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EXHIBIT IF
<br />CONSTRUCTION'DELIVGRJOFPRENII$CS NTI {rc_OMPL TIDN (UNCH WXJTrtvla
<br />3.1 ernait.. Landlord will cause Landlord's Architect and die Engineers to submit the Approved Working Drawings to the
<br />approprlate governments] entities and otherwise apply for all spplicnble building and other permits and approvals (collectively, "Pm•mits") (irony)
<br />necessary or required (in Landlord's good faith discretion) for the Contractor to commence, perform and fully Complete the conslntadoa of the
<br />Tenant Improvements, Neither Landlord nor any Landlord Party shall have any obligation or liability to Tenant If any Permit (including, without
<br />limitation, any bulidhag permit, certificate e f occupancy, or equivalent) is not timely or Otherwise issued.
<br />3.2 Landlord's Selection and Re, et ttna of tl o ah•actat•.
<br />3.2.1 Landlord shall submit the Construction Drawings for die Premises on a fixed contract amount (or GMAX) basis to a
<br />general contractor selected by Landlord (the "Canh•uetur"), which Contractor shall be independently retained by Landlord (pursuant to such
<br />construction contract fomn as Landlord shall in good fallh determine) to construct the Tenant Improvements in accordance with the Conslivcdon
<br />Drawings. Landlord reserves the right to designate the subcontractor or subcontractors to perform partleular trades (or components of) the Tenant
<br />Improvements such as tare/lire safely, FIVAC, structural and electrical work.
<br />3.2.2 Landlord reserves the absolute r]gllh without the need fur consultation with or the consent of Tenant, to lenninate the
<br />Contractor for nonperformance (as determined in good fbith by Landlord) and in such case Landlord may select another general contractor to
<br />complete the Tenant Improvements, Notwithstanding any provision of this Work fetter to the contrary, Tenant hereby waives sit claims against
<br />Landlord, and Landlord shall have no responsibility or liability o Tenant, on account of any nonperformance or any misconduct of any Contractor
<br />(or any subcontractor thn'eoq for any reason,
<br />3.2.3 irthe Tenant Improvements shall constitute "public works: pursuant to Labor Code §1720.2, the following shall apply:
<br />Prevailing wage requirements a and be Landlord
<br />osresltrictionsTea dapenaltiestin occordar to nlceaith with (and to cause §1770 et seq. itssubcontractors
<br />thteL Labor tClode which lrequl es prevailing wages be paid to appropriate work cossirications in all bid specifications and subcontracts,
<br />(b) Landlord shall require die conbne(or to flumish all subcontraeteVemployees a ropy arthe DepartnnenL or
<br />Industrial Relations prevailing wage rates which Lessor will post at die job site. For further information on prevailing wage:
<br />tt ://vnv\v dir ca r"/d =r statistics researchhtnnl
<br />(a) Landlord shall require the COWnIcor to comply with (and to cause Its subcontractors to comply with) tine
<br />payroll record keeping and availability requirement Of§1776 of lho Labor Code,
<br />(d) - Landlord shall require the Contractor to (and to conceits subcom•aetos to Lessodconu•octor lo) make travel
<br />and subsistence payments to workers needed for performance Of work in accordance with the labor Code.
<br />(a) Prior to ennnmencemeal Of work, Landlord shut] require the Collimator to contact the Division of
<br />Apprenticeship Standards and comply whit § 1777.5, §1777,6, and 1117773 orthe Labor Code and Applicable Regulations,
<br />3.3 Dclivery of Prena'sesi 4 rnctn"tial Cemnighm P meh I •st Items.
<br />3,3,1 Delivery of Premises. Landlord shall deliver the Premises to Tenant upon Substantial Completion of the 'fermat
<br />Improvements. Subject to Landlord's obligations under (his Work Letter (including Landlord's obligntions to perform (err cruse to he performed) the
<br />Landlord's Work and to construct (or cause to be constructed) die Tenant Improvements in accordance with the Conslruation Drawings) and to all of
<br />Landlord's other express obligations under the Lease (including, under Section of the Lease), Landlord shall have no duty or obligation to
<br />Improve, or pay for any improvement for, the Premises or any portion thereof and Tenant shall accept the same in its Tenant shall accept the
<br />Premises in IS. then existing condition oil the Delivery Data, "ASdS", "WITH ALL FAULTS",
<br />3,3,2 Substmnial Completion. Fur purposes or dais Lease, "Substantial Completion" shall occur upon (and the Premises
<br />shall be "Sulmaminlly C(Impietc" upon) the substantial completion ofconstruction or [lie Tenant Improvements pursuant to the Approved Working
<br />Drawings, as evidenced by a °signoll" on the building permit card by in Inspector of the applicable govcnunental authority (typicnily tine city in
<br />which the Building is located), with dla exception of any Punch List Items (defined below) and any tenant fixtures, workstations, built-in furniture,
<br />orequhpmenl to be Installed by Tenant or under the supervision orcommotar.
<br />3.33 j'ltz: Liu Rani. After the Substantial Completion by Lmtdlad of the Tenant Improvements. rcprescntntives of
<br />Landlord, Tenant and the Contractor shall completely inspect the Promises and oemplete a list (tie "Panel, List') of all Punch List Items (defined
<br />below). Authorized reprewralatives or Lmdlord. Tenmat End the Contractor Shull Means said PatiCh List m hadleate their approval thereof, Landlord
<br />shall cause the Contractor to coniplcte Ell Parnell List Items described till the Poioh List eS soot, as roasmuddi possible following the approval ofsuch
<br />Punch List. As used hccin, -Punch List ltann,s" means all items of constructiun which entail ate or mine details of construction. decoration
<br />m, cchnuieaI adjustment or ilia tat do not materially and ndvelie ly atract the alas gild uccupaney Of any Partin" of the Premises Ibr the normal
<br />conduct orTenant's business.
<br />Ra( m'Cloie Crmar Dr. Cot nfS'anm: Inn (.nnsv 3 I eh ihir C
<br />80A-543
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