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<br />1.5.1. Commencement, Prosecution and Completion of Construction. <br /> <br />(a) Lessee shall commence construction of the Additional Facilities on or <br />before October I, 2005, and shall thereafter diligently prosecute the work and <br />cause the completion of construction of the Additional Facilities to occur on or <br />before December I, 2006. <br /> <br />(b) The date by which Lessee is required to complete construction of any <br />Lessee's Improvement shall be extended day for day (I) during the continuance of <br />any Force Majeure Event (as defined below),. <br /> <br />(c) For purposes of this Lease, (i) Lessee shall be deemed to have <br />"commenced construction" of any Improvement when the first required building <br />permits required in connection therewith have been duly issued, the Contractor (as <br />defined below) for such Improvement has been given notice to proceed with the <br />construction of such Improvement by Lessee, and such Contractor has <br />commenced construction activities; (ii) a "stoppage of construction" shall be <br />deemed to occur at any time during which Lessee is not diligently and <br />continuously prosecuting the construction and completion of the applicable <br />Lessee's Improvement pursuant to plans approved by the Lessor in accordance <br />with Section 1.5.2, below, (the "Final Plans"); (iii) "completion of construction" <br />shall be deemed to occur when all buildings or other improvements comprising <br />the applicable Lessee's Improvement have been substantially completed (that is, <br />completed except for minor punch list work), and Lessor has received from the <br />Architect and Contractor (each as defined below), in form reasonably satisfactory <br />to Lessor, written certification, or other evidence reasonably acceptable to Lessor, <br />that (I) the completed buildings or other improvements have been substantially <br />completed in compliance with the Final Plans, (II) the completed buildings or <br />other improvements have been inspected and finally approved by all appropriate <br />governmental authorities, and all certificates of occupancy or similar permits or <br />approvals required as a condition to the occupancy or use of such buildings or <br />other improvements have been duly issued, and (III) all costs and liens relating to <br />the completed buildings or other improvements have been paid or discharged, as <br />applicable; and (iv) a "Force Majeure Event" shall mean the occurrence of an <br />event, not reasonably foreseeable by or beyond the reasonable control of Lessee, <br />that unavoidably causes a delay in the completion of construction, such as a labor <br />strike, epidemic, quarantine restriction, freight embargo, adverse weather <br />condition, war, earthquake or act of God. <br /> <br />1.5.2 Approved Plans and Specifications;. The Additional Facilities shall conform in <br />all respects to the plans and specifications on file with the City's Executive <br />Director of Planning & Building (the "Executive Director") dated July 13, 2005. <br />Any changes approved by the Executive Director in conjunction with issuance of <br />permits pursuant to entitlement or permits to be issued by the City of Santa Ana <br />shali be deemed approved for purposes of this Agreement, and shall become part <br />of the Approved Plans for purposes of this section 1.5.2. <br /> <br />3 <br />