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Item 07 -Memorandums of Understanding with Workforce Innovation and Opportunity Act
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Item 07 -Memorandums of Understanding with Workforce Innovation and Opportunity Act
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7/9/2025 10:06:48 AM
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Agenda Packet
Agency
Community Development
Item #
07
Date
7/15/2025
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EXHIBIT 1A <br />(d) Tenant shall not be entitled to receive (in cash or as a credit against any <br />rental or otherwise) any portion of the Tenant Allowance not used to pay for the costs of <br />the design, permitting, and construction ofthe Tenant improvements. <br />11. Miscellaneous. <br />(a) All Tenant Improvements to be performed by Landlord (and any <br />installations in the Premises as set forth in the Approved Working Drawings, or otherwise) <br />shall use Building -standard specifications, materials, finishes, and supplies, unless <br />otherwise specified in the Approved Working Drawings. Landlord, in its sole discretion, <br />may substitute items, materials, or finishes with other items, materials, or finishes of <br />comparable kind and quality. Landlord, at its sole option, may also change mechanical <br />plans and specifications where necessary for the installation or modification of the Building <br />Systems to accommodate the Tenant Improvements, provided that any such changes shall <br />not materially and adversely affect Tenant's use and occupancy of the Demised Premises <br />for the Permitted Use. <br />a'" V <br />(b) Tenant acItnowledges that the timely completion of the Tenant <br />Improvements is of the utmost importance to Landlord and Tenant. Accordingly, Tenant <br />hereby agrees to fully and diligently cooperate with all reasonable requests by Landlord in <br />connection with or .related to the design and construction of the Tenant Improvements and <br />the completion of the permitting process and, in connection therewith, Tenant shall respond <br />to Landlord's requests for information and/or approvals, except as specifcally set forth <br />herein to the contrary, within two (2) days following request by Landlord. Landlord and <br />Tenant, and such other parties as may be useful or appropriate, shall sleet on a scheduled <br />basis to be determined by Landlord's Representative and Tenant's Representative, to <br />discuss progress in connection with the same. <br />(c) If at any time on or before the Substantial Completion of the Landlord <br />Work, Tenant is in default under this Work Letter or under the Lease, which default <br />remains uncured after the expiration of applicable notice and cure periods, then: (i) in <br />addition to all other rights and remedies granted to Landlord pursuant to the Lease, <br />Landlord shall have the right to instruct the Contractor to cease the construction of the <br />Landlord Work (in which case, Tenant shall be responsible for the Tenant Delay caused by <br />such work stoppage); and (ii) all other obligations of Landlord tinder the terms of this Work <br />Letter shall be suspended until such time as such default is fully and finally cured. <br />(d) Landlord hereby assigns to Tenant all warranties by Contractor relating to <br />the Tenant Improvements, which assignment shall be on a non-exclusive basis such that <br />the warranties may be enforced by Landlord and/or Tenant; such warranties shall be for a <br />twelve (12) month period. <br />(e) Any portion of the Tenant Allowance not used within thirty-six (36) months <br />of the Effective Date of this First Amendment shall be forfeited with no further obligation <br />by Landlord with respect thereto. In no event shall Tenant be entitled to apply any unused <br />portion of the Tenant .Allowance towards future payments of Base Rent and/or, except as <br />expressly set forth herein, purchase of Tenant's furniture, fixtures and equipment. <br />12 <br />5910216.11 <br />
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