Item 38 - Lease Agreement for the Santa Ana WORK Center

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(i)''Over-Allowance Amount" is defined in Section IO(d) hereof. Ul "Permits" is defined in Section 6(a) hereof. (k)"Punch List Work" means those minor corrections of construction or decoration details, and minor mechanical adjustments, that are required to cause any applicable portion of the Tenant Improvements as constructed to conform to the Approved Plans in alt material respects and that do not materially interfere with Tenant's use or occupancy of the Building and the Premises. (I)"Space Plan" is defined in Section 3/a) hereof. (m)"Space Plan Allowance" shall be Zero and 15/100 Dollars ($0.15) per rentable square foot ofthe Premises (i.e., up to $2,898.15), based on 19,321 rentable square feet of the Premises, and shall be included in the Tenant Allowance and deducted therefi-0111. (n)"Substantial Completion" of the Tenant Improvements shall be deemed to have occurred on the date that: (i) all Landlord Work has been performed in accordance with the terms of this Work Letter, other than any Punch List Work; and (ii) if required, Landlord has obtained and delivered to Tenant a permanent or temporary certificate of occupancy ("COO") with respect to the Premises, except to the extent the same cannot be obtained by reason of the incompletion of installations or other work that is the responsibility of Tenant (such as, but not I imited to, the installation and making operational of Tenant's systems and telecommunications equipment), in which case Landlord shall obtain the same within a reasonable time after the same can be obtained. (o)"Tenant Allowance" shall be Twenty-Eight and 00/100 Dollars ($28.00) per rentable square foot of the Premises (i.e., up to $540,988.00), based on 19,321 rentable square feet of the Premises. (p)"Tenant Contractor" or "Tenant Contractors'' means any employees., agents, contractors, consultants, subcontractors, mechanics, suppliers and invitees of Tenant, whether or not directly employed by Tenant, each of whom shall be reasonably approved by Landlord before lhey may work in the Building. ;910216.11 (q)"Tenant Delay" means a delay caused by any of the following: (i)Tenant's failure to timely approve the Working Drawings or any other matter requiring Tenant's approval; (ii)a breach by Tenant of the terms of this Work Letter or the Lease; (iil) Tenant's request for changes in any of the Working Drawings, but only if such a request actually causes a delay to Substantial Completion of the Premises; 7 EXHIBIT 3a