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3.3.4 Assignment of Warranties. Effective upon completion of the Tenant improvements, Landlord shall assign to Tenant
<br />all warranties and guaranties by Contractor relating to the Tenant Improvements, and Tenant shall waive (and hereby waives) all chinas against
<br />Landlord relating to, or arising out of the construction of, the Tenant Improvements.
<br />SECTION 4
<br />TIME: 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 />shnll mean and refer to calendar days. In all instances where Tenant Is required to approve or deliver sit item, If no written notice or approval is
<br />given or the item is not delivered within the stated time period, at Landlord's sole option, at the end orsuch 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 caseshall such period everbe lass 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 Iitnitation, 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; (a) any Changes requested by Tenant;
<br />(d) ailv requirement of Tenant for materials, components, finishes or improvements which ore not available within a commercially reasonable period,
<br />or which are different from, or not included in, the Building Standards; (a) changes to die Base Building and/or Building Systems required by the
<br />Final Space Plan, the Approved Worldng Drawings (of any Changes); (0 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 (fur any reason otter than a Tenant Delay or a Fame Majeure Delay) to approve uny matter requiring Landlord's approval under this Work
<br />Letter within the time period therefor set forth in this Work Letter; (b) material and unreasonable interference by Landlord or of any of Landlord's
<br />employees, contractors oragents (except as otherwise allowed under this Work Letter) will Tenant's perfurnmance of any of its obligations underthis
<br />Work Letter; -or (e) any other failure by Landlord, which pursuant to the teens orthis Work Letter is deemed a Landlord Delay. Notwithstanding city
<br />provision of this Work Letter to the contrary, in the event that Tenant claims that it hassufTered a Landlord Delay, Tenant shall, as a condition critic
<br />effectiveness of tie claimed Landlord Delay, within three (3) days of its discovery of the claimed Landlord Delay, notify Landlord in writing of the
<br />existence orthe eluimed Landlord Delay and the probable estimated duration of such claimed Landlord Delay.
<br />4.2.3 Force tfilaieure Delays. A "Force Majeure Delay" means any: (a) actual delay attributable to any strike, lockout or
<br />other labor or industrial disturbance (whether or anion the par of the employees of either party hereto) other than any such disturbance caused by or
<br />related to any default or activities orTenanl or any Tenant's Agents (if clainned by Tenant) or of Landlord or any of Landlord's agents, employees or
<br />contractors (if claimed by Landlord), (b) actual delay caused by any civil disturbance, act of the public enemy, war, terrorism, riot, sabotage,
<br />blockade, or embargo, (c) actual delay attributable to lightning, earthquake, fire, storm, hurricane, tornado, need, washout c r explosion, or (d) actual
<br />delay caused by governmental delay in the issuance of the Permits not due to the matt or negligence of Tenant or any Tenant's Agents (irclaimed by
<br />'tenant) or gross negligence or willfid misconduct of Landlord (if claimed by Landlord), or (a) tiny delay due to any other similar cause beyond the
<br />rensonuble control of the petty from whom performance is required, and beyond the reasonable control or its contractors and representatives
<br />(iadndiag, without limitation, in the case of Tenant, the Tenant's Agents). Notwithstanding any provision of this Work Letter to the contrary, in lee
<br />event that uny party' claims that it has suffered a Force Mejcure Delay, such party shall, as u condition of tie effectiveness of such Force Majeure
<br />Delay. within three (3) days of discovery orthe source of such delay, notify, the other party hereto in writing orthe existence ot'such Force Majeure
<br />Delay. the moron ordie steps being taken by such party to minimize such delay and the probable estimated duration ufsuch Force Majeure Delay.
<br />SECTION 5
<br />GENERAL PROVISIONS
<br />5.1 12cnresentatives. Tenaat has designated DEBORAH SANC'I-II:Z.. L•C'ONOMIC NVELOPMENTSPECIALIST III as its sole
<br />representative with respect to the mutters set forth in this Work Letter, whe, until further notice to Landlord, shall have full authority and
<br />responsibility to act on hchallur the Tenant as required in this Work Letter. Landlord has designated *red Bischak as its sole representative with
<br />respucl to the onwers set forth in this Work Letter who, until further notice to ]client. shall have liill authority trod responsibility toactoil behalfor
<br />the landlord as required in this Work Later
<br />5.2 'Ienant's 1 nhv into the Premises Prior to Substantial C'mmnlctim n. Provided that Tenant and Tenant's Agents do not
<br />iluelrore in any respect with Contractor's work (or perfonmamca of the Tenant Improvements) in the Building and the Premises. Landlord shall allow
<br />Tenant rQusonabk access to tie Premises at least thirty (30) clays prior to the Substantial C'nmplclion I'or the pugwse of'Tennnl installing ever
<br />81/1 IO' C/rie Center Ur —Cif)• nf'Sunfrr.inn tease 4 Lxhihit C
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