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<br />Page | 14 <br />9138-126780\1512539.3 <br />posting of a notice of non-responsibility at the Premises; and <br />(c) Tenant has provided to Lessor evidence that (i) Tenant has entered <br />into a Construction Contract with a Contractor in accordance with Section 5.2 below, (ii) Tenant has <br />secured the construction funding required under Section 5.1.4 below, and (iii) Tenant has provided <br />Lessor with assurances sufficient to construct the Initial Improvements in accordance with Section <br />5.3 below. <br />5.1.3. Utilities. To the extent not already constructed, Tenant, at no cost to Lessor, <br />shall construct or cause to be constructed all water, gas, heat, light, power, air conditioning, <br />telephone, broadband internet, and other utilities and related services supplied to and/or used on the <br />Premises at Tenant’s sole cost and expense for the purposes of conducting Tenant’s operations <br />thereon. All such utilities shall be separately metered from any uti lities which may be used by the <br />Agency in conducting its operations, if any, on or about the Premises. Nothing contained in this <br />Section is to be construed or implied to give Tenant the right or permission to install or to permit any <br />utility poles or communication towers to be constructed or installed on the Premises. <br />5.1.4. Construction Funding. Prior to commencement of construction of the Initial <br />Improvements, Tenant shall provide to Lessor evidence reasonably satisfactory to Lessor of funding <br />available to Tenant that is sufficient to pay for Tenant’s estimated total cost of constructing the Initial <br />Improvements, which evidence may consist of (i) a written commitment to Tenant from one or more <br />Lenders selected by Tenant to provide a construction loan to Tenant for the purpose of constructing <br />the Initial Improvements (which may be secured by a Leasehold Mortgage encumbering Tenant’s <br />leasehold interest under this Lease), (ii) actual equity funds or in-kind donations then held by Tenant <br />or irrevocably committed to be paid or donated to Tenant for the purpose of constructing the Initial <br />Improvements, or (iii) any combination of the foregoing. Tenant may from time to time change any <br />of the foregoing funding sources and the allocation thereof, so long as the aggregat e available <br />funding continues to be sufficient to pay for Tenant’s estimated remaining cost of constructing the <br />Initial Improvements, provided that Tenant shall promptly notify Lessor of any such change. <br />5.1.5. Compliance with Laws and Permits. Tenant shall cause all Improvements <br />made by Tenant to be constructed in substantial compliance with all applicable Laws, including all <br />applicable grading permits, building permits, and other permits and approvals issued by <br />governmental agencies and bodies having jurisdiction over the construction thereof. No permit, <br />approval, or consent given hereunder by the Agency, in their governmental capacity, shall affect or <br />limit Tenant’s obligations hereunder, nor shall any approvals or consents given by the Agency, as a <br />Party to this Lease, be deemed approval as to compliance or conformance with applicable <br />governmental codes, laws, rules, or regulations. <br />5.1.6. Reports. Not less than monthly from the commencement of construction of <br />the Initial Improvements, Tenant shall provide Lessor with written construction status reports in the <br />form of AIA No. G702 (“Application and Certification for Payment”) or comparable form, <br />augmented by oral reports if so requested by Agency. <br />5.1.7. Certificate of Occupancy. Tenant shall provide Lessor with a copy of the <br />Certificate of Occupancy promptly following issuance thereof. The date of issuance of the <br />Certificate of Occupancy shall be the Commencement Date hereunder. <br />5.1.8. Insurance. Tenant (or the Contractor, as applicable) shall deliver to Lessor <br />EXHIBIT 5