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raomign Envelope ID:72A91 B35-BEA1-46FE-Ar-OD-146579 Bi37804 I <br /> i <br /> (cd) Tenant shall not be eatitfed to receive (ill cash or its a credit against any <br /> ren.taf or otherwise)any portion of the Tenant AIlowance not used to pay lb the costs of <br /> the:design, permitting, gild construction ofths Tenant htiproVements. <br /> It. Mi Jl CCII €OU& <br /> (a) All Tenant Ymprovemonts to be performed by Landlord (and any <br /> installations in the T'rerrr ices asset forth in the.Approved Working Drawings,or otherwise) <br /> shall use Building-standard speoffloatio.ns, materials, Gaishes, and supplies, unIms <br /> otherwise speci::llcd in the Approved Working Drawings, Landlord, in Its sole discretion, <br /> nsay substitute ite,=, materials, or finishes with other itertis, materials, or flinishes o:f <br /> comparable kind and quality. Landlord, at its solo option, may also change mechanical <br /> plans and specifruadons whero rlocessary.Car the iixstallatlon or Modification ofthe Building <br /> Systems to accommodate the Tenant Improvements,provided that arty such changes shall <br /> trot materially and adversely affect Tenant's use and occupancy of the D nlised Prarnises <br /> For the I' nnitted Use. <br /> (b) Tonaw acknowtodgos that the thl)ely completion o:f the 'f.,Onant <br /> Irrrpravenlerits is of the Utmost Unportanoe to Landlord and Tenant. Accotdingly, Tennant <br /> hereby agrm to-fully and diligently cooperate with all rertsonable requests by Laud'Io d in <br /> connc:etion with or related to the doslgn and constTuction of the Tenant Improvements and <br /> the compltrtion of the porinitting,press told,in connection-therewith,Tenant shall respond <br /> to Landlord's requests for Information and/or approvals, except as specitirally set forth <br /> herein to the contrary, within two (2) days fallowing rcquest by Landlord. Landlord aad <br /> Tenant, and sack Wher parties as.tnay be Grsefui or appropriate, shall meet on a.scheduled <br /> basis to be detarrnined by Landlord's Represu., ative and Tenant's Representative, to <br /> discuss progress in connection with the sarne. <br /> (0) If at any tt#ne on or before the Sr.rbstantial Colapledon of the Landlord <br /> Work, Tenant is in da:Ctrult under this Work ]letter or udder the Lease, which defi.tult <br /> remaiai uncured after the expiration of applicable notica and cure puriods, theft; (1) In <br /> addition, to all other rights and remcdics granted to Landlord pursuant to the Lease, <br /> Landlord shall have the right to instruct tho Contractor to come the construction of the <br /> Landlord Mork(in which case,`T'enaritshall be responsible Bortfio Tenant Delay ca.txsed by <br /> stroll work stoppage);and(4)all ether obligations of Umdlord under the terms of this Work <br /> Letter shall he suspended untdl such timo ws such defarnit.is fully and finally cured. <br /> (d) Landlord hereby assigns to Tenant all warranties by Contractor relating to <br /> the 'Tenant finproverneetts, which asslgntr unt shall be on a non., clusive basis such tha <br /> the wal•rritaties may lie onforced by Ltmdlard and/or Tenant; such warranties shall he for it <br /> twelve,(12)month period. <br /> (e) Any portion ofthe Tenant Allowance not used within thirty-six(36) morrtl7s <br /> of tho EfT'eetive Cate of this first Aniendnicnt shall be forib ted with no farther obligation <br /> by Landlord with respect thereto. In no event shall Tenant be w titled to apply arxy I mused <br /> portion ot'the Tenant.Allowatioe towaixds Future payments of Braise Rent mid/or, except as <br /> expr=ly sat forth herein,purchase of Tenant's furniture, fixitu•cs and equipment. <br /> 12 <br /> 5910216.11 <br />