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SECTION A
<br />CQNS' RUCTION• Or LIVERY Ole REM ISf Ct S IBSTANIIAL COMPLETION: PUNCH (r ' ITEMS
<br />3,1 Permits. Landlord will cause Landlord's Architect and the Finglaeers to submit [lie Approved Working Drawings to the
<br />appropriate governmental entities and otherwise apply for all applicable building slid other ponnits end approvals (collectively, "permits") (if any)
<br />necessary or required (in Landlox's good faith discretion) for tine Contractor to connection, perform and tinily complete Elva construction or the
<br />Tenant Improvements, Neither Landlord nor any Landlarh Potty shall have tiny obligation or liability to Tumult if any Pornit (including, wRhoul
<br />Ilnnitalion, any building perm h, oeld acute orocotpancy, or equivalent) is not timely or otherwlss Issued.
<br />3.2 Landlord's Sulection gild ( libation ofthe Cogtroator,
<br />3,2.1 Landlord shall submit lha Construction Drawings for the Premises on a fixed contract. amount (or GMAR) 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 tine subcontractor or subcontmutars to perform particular trades (or components of) the Tenant
<br />Improvements such as fire/lifesafaty, HVAC, structural slid electrloalwork,
<br />3.2.2 Landloxl reserves the Absolute right, without the need for consultation with or the wnseul of Tenant, to terminate the
<br />Contractor for nonperformance ins determined hn good filth by Landlotel) and in such ease Landlord may select Another general coutruotor to
<br />complete the Tenons Improvements, Notwithstanding any provision of this Work Letter to the contrary, Tenant hereby wolves all claims against
<br />Landlord, and Landlord shall have no responsibility or liability to Tonaut, on areomtt of any nanpefornance or any miscondaol of any Contractor
<br />(or any submntmelor thereof) for oily reason,
<br />3.2.3 Irthe Tenant Improvements shall constitute "public works; pursuant to Labor Code §1720,2, the following shall apply,
<br />(a) Landlord shall require the Contractor to comply with (and to cause Its subcontactors to comply with)
<br />prevalling wage requirements and be subjeot to restrictions and penalties in accordance with §1770 at seq. of the Labor Code which requires
<br />prevailing wages be paid to oppropriale work el ossifications In all bid specifications end subcontracts.
<br />(b) Landlord shall ioquire die Contactor to furnish all subcontractors/employees a copy of tie Department of
<br />lndughial Relations provailing wage rates which Lessor will post tit tie Job site. For further information on prevailing wage:
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<br />(a) 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 Cade,
<br />Id) Landlord shall require the Contractor to (and to cause its subcontractors to Lessodcont•aotor to) maim travel
<br />lend subsistence payments to workers needed for• pn•famauee of work ht aceudmice with the Labor Code.
<br />(e) prior to commencement of work, Landlord sbull require the Contractor to contact the Division of
<br />Apprenticeship Stotdatis And comply with § 1777.5, § 1777.6, and § 1777.7 of the Labor Code and Applicable Regulations,
<br />3.9 0cliryre gfxremiscs' SubstagNal Cannata Ion; Neck List items.
<br />3.3.1 Delive 2! of Premises. Landlord shall doliver the Promises to Tonnut upon Subatmtiel Completion of the "tenant
<br />improvements. Subject to Landlort's obligations under, (his Week Letter (including Landlord'a obligations to perform lot- cause to be performed) the
<br />Landlord's Work and to construct (or cause to be constructed) the Tenant Improvements In accordance with the Construetion Drawings) And to all of
<br />Landlord's other express obligations under the tense (including, under ec LQEL9„t of the Lease), Landlord shall have no duty or obligation to
<br />Improve, or pay for any improvement for, the Premiscs of oily portion dnereor and retreat shall accept the same in its Tonont shall accept die
<br />Premises In Its, then existing condition on the Dellvery Date, "AS -IS", "WITH ALL FAULTS".
<br />3.3,2 Substpudnl Cannnlrtion. For purposes of thls L.easo, "Substantial Completlon" Shall occur upon (and tine promises
<br />shall bc':Sobshlntfully Complete, upon) the subslanthd completion of mnstucdon of the Temat Improvements pursuant to the Approved Working
<br />Drawings, AS evidenced by a "AignolT' on Elie building permit card by nil inspector of this applicable gnvernmental authority (typically tine city ]it
<br />which the Building is located), with die exception of any Punch List Items (defined below) and any tenant fixtures. work -stations, bnilt.in furniture,
<br />m• equipment to be Installed by Tennni or under the supervision al• Con trnetor.
<br />33,3 j'unch List Items. Alien• the Substantial Completion by Landlord of the Tenant lmpravemenls, repncsentahves of
<br />Landlord, Tannat gild the Continuer shall completely Inspect the Promises and complete a list (the "Pun(b List") of all Much LISLILea18 (defined
<br />below). Aulhnrized repiesenmtives oNxindlord. Tonau and [lie ContractorshAh execute sold Punch List to indionte their approval thereof. Landlord
<br />Shull unuse the Commictor to complete all Punch List Items described on the Puticlr List an soon AS reasonably passible Fallowing the approval of such
<br />Punch List, As used hedel, "I'nnch List lierio" means nil items of consonetion which eutnih one At more details or eonstfVclion. decoration.
<br />mechanical adjustment or installation that do not materially and adversely affect die use And occupnnoy of any portion ol'the Prenilscs him• the normal
<br />conduct or,rcnanvs business.
<br />801 BP Cyrlr Carter Dr•-(ri4'V'Sonar; lea lxnve 3 L'xhihit C
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