FULLERTON AUXILIARY SERVICES CORPORATION, CALIFORNIA STATE UNIVERSITY AND TRUTH AND ALCHEMY, INC. - 2013

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