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3.3.4 Assignment of Warranties, Effective upon completion of the Tenant Improvements, Landlord shall assign to Ton alit
<br />all warranties and guaranties by Contractor relating to the Tenant Improvements, and 'tenant shall waive (and hereby waives) all claims against
<br />Landlord relating to, or arising out of'the construction of, the Tenant Improvements.
<br />SECTION 4
<br />TINIE: DELAYS
<br />4.1 Time.
<br />4.1.1 Time of the Essence in This Work Letter. Unless otherwise indicated, all references herein to a "number of days"
<br />shall mean and refer to calendar days. In all instances where Tenant is required to approve or deliver an item, if no written notice of approval is
<br />given or the item is not delivered within the stated time period, at Landlord's sole option, at the end of such period the item shall automatically be
<br />deemed approved or delivered by Tenant and the next succeeding time period shall commence. Except where specific time periods are specified
<br />herein. all references to a "reasonable period" contained in this Work Letter shall mean a reasonable amount of time to respond to the request or
<br />submission in question, taking into consideration all of the circumstances reasonably related to the amount of time required, assuming reasonable
<br />diligence; provided, however, in no case shall such period ever be less than five (5) business days.
<br />4.1.2 Time Deadlines. Tenant shall use its best, good faith, efforts and all due diligence to cooperate with Landlord,
<br />Landlord's Architect and the Contractor to complete all phases of the Construction Drawings and the permitting process and to receive the Permits,
<br />and to achieve Substantial Completion as soon as possible, and, in that regard, shall meet with Landlord on a scheduled basis to be determined by
<br />Landlord. to discuss Landlord's progress in connection with the same.
<br />4.2 Delays.
<br />4.2.1 Tenant Delays. A "Tenant Delay" means any delay as a direct, indirect, partial, or total result of any act or omission
<br />of' Tenant or any of Tenant's Agents, including, without limitation, any of the following: (a) Tenant's failure to timely approve any matter requiring
<br />Tenant's approval hereunder; (b) any breach by Tenant of the provisions of this Work Letter or of the Lease; (c) any Changes requested by Tenant;
<br />(d) any requirement of Tenant for materials, components, finishes or improvements which are not available within a commercially reasonable period,
<br />or which are different from, or not included in, the Building Standards; (e) changes to the Base Building and/or Building Systems required by the
<br />Final Space Plan, the Approved Working Drawings (or any Changes); (t) any unreasonable interference by Tenant or any of Tenant's Agents with
<br />the performance of the Tenant Improvements; or (g) any other event specified in this Work Letter to be a Tenant Delay.
<br />4.2.2 Landlord Delays. A "Landlord Delay" means an actual delay as a result of any of the following: (a) Landlord's
<br />failure (for any reason other than a Tenant Delay or a Force Majeure Delay) to approve any mutter requiring Landlord's approval under this Work
<br />Letter within the lime period Iherefm set forth in this Work Letter; (b) material and unreasonable interference by Landlord or orally of Landlord's
<br />employees, contractors or agents (except as otherwise allowed under this Work Letter) with Tenant's performance orally of its obligations under this
<br />Wort. Letter; or (c) any other failure by Landlord, which pursuant to the teens of this Work Letter is deemed a Landlord Delay. Notwithstanding any
<br />provision of this Work Letter to the contrary, in the event that Tenant claims that it has suffered a Landlord Delay, Tenant shall, as a condition of the
<br />effectiveness of the claimed Landlord Delay, within three (3) days of its discovery of the claimed Landlord Delay, notify Landlord in writing of the
<br />existence of the claimed Landlord Delay and the probable estimated duration of such claimed Landlord Delay.
<br />4.2.3 Force Maieure Delays. A "Force Majeure Delay" means any: (a) actual delay attributable to any strike, lockout or
<br />other labor or industrial disturbance (whether or not on the part of the employees of either poly hereto) other than any such disturbance caused by or
<br />related to any default or activities of Tenant or any Tenant's Agents (if claimed by Tenant) o of Landlord or any of Landlord's agents, employees ce
<br />contractors (it claimed by Landlord), (b) actual delay caused by any civil disturbance, act of the public enemy, wa, terrorism. riot, sabotage,
<br />blockade_ or ennbargo, (c) actual delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, flood, washout or explosion, or (d) actual
<br />delay caused by governmental delay in the issuance of the Permits not due to the fault or negligence of Tenant orally Tenant's Agents (if claimed by
<br />Tenant) or gross negligence or willful misconduct of Landlord (if claimed by Landlord), or (e) any delay due to any other similar cause beyond the
<br />reasonable control of One party from whom performance is required, and beyond the reasonable control of its contractors and representatives
<br />(including. without limitation, in the case of Tenant, the Tenant's Agents). Notwithstanding any provision of this Work Letter to the contrary, in the
<br />event that any party claims that it has suFfered a Force Majeure Delay, such party shall, os a condition of the effectiveness of such Force Majeure
<br />Delay. within three (3) days oFdiscovery oFthe source of such delay, notify the other party hereto in writing of One existence of such Force Nlajeure
<br />Dclay. the nanu-e of the steps being taken by such party to mininnize such delay and the probublc estimated dilation of such Force Majeure Delay.
<br />SECTION 5
<br />GENEILVL PROVISIONS
<br />5.1 Representatives. Tenant has designated DEBORAH SANCI-IEZ. ECONOMIC D1,VFLOPNIENT SPLC'IALIST Ill as its sole
<br />representative with respect to [he mutters set forth in this Work Letter. who. until further notice to Landlotd, shall have full authority and
<br />respunsihilih to act on behalf of the Tenant as required in this Work Letter. Landlord has designated Ted Bischak as its sole representative with
<br />respoct to the nnatters set froth in this Work Letter who, until failher notice In Tenant. shun have full authority and responsibility to act on behallbf
<br />the Landlord as requimd in this %kak Letter
<br />i? Tenant's Rntii, into the Premises Prior to Substantial Completion. Provided that Tenant and Tenant's Agents do not
<br />interfere in nnc jespcct with Contractor's woik (or performance of [Ile 'Ienant Improvements) in the Building and the Premises, Landlord shall nllnw
<br />Tenant rcasonuble access to the Premises at least thirty (30) days prior to the Substantial Completion Ibr the purpose of Tenant installing over
<br />801 It Chi, Center Dr—City of Sumo Ann Lease 4 1=e111hil C
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