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23. TENANT IMPROVEMENTS AND EARLY OCCUPANCY A. TENANT IMPROVEMENTS - Prior to the commencement of the term of this lease, Lessor, at its sole cost, shall make all of the tenant improvements to the leased premises described in Exhibit B. The parties anticipate that the tenant improvements will be completed in July of 2019. B. EARLY OCCUPANCY - If the tenant improvements are completed before the commencement of the lease term on August 1, 2019, the State may take possession of the leased premises upon completion of the tenant improvement. This early occupancy shall be subject to all of the terms and conditions of this lease, except that the State shall have no obligation to pay rent during this early occupancy period. 24. MISCELLANEOUS — A. AMENDMENT OF LEASE — This lease may be amended by mutual consent of the State and Lessor. An alteration of or variation from the terms of this lease is not valid unless made in writing and signed by the parties to this lease. B. WAIVER — No tern or provision of this lase may be deemed waived and no breach excused, unless that waiver or consent is in writing and signed by an individual authorized to so waive or consent. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, does not constitute a consent to, waiver of, or excuse for, any other breachor subsequent breach, except as may be provided expressly in the waiver or consent. C. FORCE MAJEURE — Except for defaults of subcontractors, Lessor and the State are not responsible for delays or failures to perform resulting from acts beyond the control of the nonperforming party. Those acts include, but are not limited to, acts of God, strikes, lockouts, riots, acts of war, epidemics, earthquakes, other disasters, governmental statutes or regulations imposed after the fact, and ancillary functions or utilities that are provided by a person or entity not a party to this lease. If a delay or failure in performance by Lessor arises out of a default of its subcontractor, and the default arises out of causes beyond the control of either Lessor or the subcontractor, without the fault or negligence of either of them, Lessor is not liable for damages for that delay or failure, unless the supplies or services to be furnished by the subcontractor were available from other sources in sufficient time to permit Lessor to meet the required performance schedule. D. TIME OF PERFORMANCE — Time is of the essence of this lease for purposes including the performance of services under any schedule established under this lease. E. ENTIRE AGREEMENT — This lease represents the complete and exclusive statement of the agreements between the State and Lessor with respect to the subject matter of this lease, and supersedes all prior agreements, proposals, representations, and other communications, written or oral, between the State and Lessor regarding this subject matter. The State and Lessor agree that there are no oral or written covenants, conditions, or agreements with respect to the subject matter of this lease except as set forth in this lease. F. GOVERNING LAW — This lease, and any amendments to this lease, shall be governed by and construed in accordance with the laws of the State of California. G. CONFLICT WITH EXISTING LAW — Lessor and the State agree that, if any provision of this lease is found to be illegal or unenforceable, that provision shall be deemed stricken and the remainder of this lease shall remain in full force and effect. Either party having knowledge of any such provision promptly shall inform the other of the presumed inapplicability of the provision. If the deletion of the illegal or unenforceable provision would substantially frustrate the purposes of this lease, the lease thereupon shall be terminated in a manner that is commensurate, to the maximum extent feasible, with the interests of both parties.