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with regard to the Deli Lease Area are further stated in Section 5 <br />hereinbelow. <br />3. ACQU2SSTSON AND 2MPROVEMENT OF THE PREMSSES. <br />(a) Acquisition_ <br />This Agreement is conditional upon the acquisition of title to <br />the Premises by Landlord, at Landlord's sole expense. Landlord's <br />acquisition of possession of the Premises pursuant to an order of <br />possession issued pursuant to section 1255.410 of the California <br />Code of Civil Procedure shall be deemed the equivalent of acquisi- <br />tion of title to the Premises by Landlord_ Sn the event Landlord <br />has not acquired title to the Premises within 12 months after the <br />date of this Agreement, Tenant may terminate this Agreement by <br />service of written notice of termination on Landlord. Landlord <br />shall have full discretion to determine the terms and conditions <br />upon which it will acquire title to the Premises_ Landlord shall <br />provide Tenant with reasonable notice of any restrictions on <br />Landlord's title to the Premises. Landlord shall have no liability <br />to Tenant for failure to acquire the Premises. <br />(b) Smprovement of the Premises. <br />Landlord shall, at Landlord's sole expense, improve the <br />Premises and deliver the same to the reasonable satisfaction of <br />Tenant to Tenant in such condition as to enable Tenant to operate <br />the program specified in Section 7 of this Agreement and in <br />accordance with the procedures set forth in paragraphs 3(c) through <br />3(h) of this Agreement_ Sn the event Landlord does not commence <br />and complete the improvement of the Premises in accordance with <br />paragraphs 3(c) through (h) of this Agreement, Tenant may terminate <br />this Agreement by service of written notice of termination on <br />Landlord. Landlord shall have no� liability to Tenant for failure <br />to proceed with the improvement of the Premises in accordance with <br />paragraphs 3(c) through 3(h) of this Agreement. Landlord's <br />improvement of the Premises shall be in substantial accordance with <br />the work items listed in the report attached hereto as Exhibit B, <br />incorporated herein by reference, except as otherwise mutually <br />agreed upon in writing by the parties through their representatives <br />specified in section 20 of this Agreement. 1t is understood that <br />the cost figures given for each such work item are an estimate and <br />not a maximum cost for that item. However, Landlord's financial <br />obligation with regard to the total improvement of the Premises <br />shall not exceed $2,500,000. <br />(c) Preliminary plans and specifications. <br />Landlord, in direct and frequent consultation with Tenant, <br />shall cause preliminary plans and specifications for the construc- <br />tion to be prepared, at Landlord's expense, within 180 days of the <br />date of this Agreement and shall promptly deliver them to Tenant_ <br />