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(d) Tenant shall not be entitled to receive (in cash or as a credit against any <br /> rental or otherwise) any portion of the Tenant Allowance not used to pay for the costs of <br /> the design, permitting, and construction of the Tenant Improvements. <br /> 11. Miscellaneous. <br /> (a) All Tenant Improvements to be performed by Landlord (and any <br /> installations in the Prem ices as set forth in the Approved Working Drawings,or otherwise) <br /> shall use Building-standard specifications, materials, 'finishes, and supplies, unless <br /> otherwise speoified in the Approved Working Drawings. Landlord, in its sole discretion, <br /> may substitute items, materials, or finishes with other items, materials, or finishes of <br /> comparable kind and quality. Landlord, at its sole option, may also change mechanical <br /> plans and specifications where necessary for the installation or modification of the Building <br /> Systems to accommodate the Tenant Improvements,provided that any such changes shall <br /> not materially and adversely affect Tenants use and occupancy of the Demised Premises <br /> for the Permitted Use. <br /> (b) Tenant acknowledges that the timely completion of the Tenant <br /> Improvements is of the utmost importance to Landlord and Tenant. Accordingly, Tenant <br /> hereby agrees to fully and diligently cooperate with al:I reasonable requests by Landlord in <br /> connection with car related to the design and construction of the Tenant Improvements and <br /> the completion of the permitting process and,in connection therewith,Tenant shall respond <br /> to Landlord's requests for information and/or approvals, except as specifloally set forth <br /> herein to the wontrary, within two (2) days following request by Landlord. Landlord and <br /> Tenant, and such other parties as may be useful or appropriate, shall meet on a scheduled <br /> basis to be determined by Landlord's Representative and Tenant's Representative, to <br /> discuss progress in connection with the same. <br /> (c) If at any time on or before the Substantial Completion of the Landlord <br /> Work, Tenant is in default under this Work ]letter or under the Lease, which default <br /> remains uncured after the expiration of applicable notice and cure periods, then; (i) in <br /> addition to all other rights and remedies granted to Landlord pursuant to the Lease, <br /> L,andlo.rd shall have the right to instruct the Contractor to cease the construction of the <br /> Landlord Work(in which case,Tenant shall be responsible:for the Tenant Delay caused by <br /> such work stoppage);and(ii)all other obligations ofLandlord underthe terms ofthis Work <br /> Letter shall be suspended until such time as such default is fully and finally cured. <br /> (d) Landlord hereby assigns to Tenant all warranties by Contractor relating; to <br /> the Tenant Improvements, which assignment shall be on a non-exclusive basis such that <br /> the warranties may be enforced by Landlord and/or Tenant; such warranties shall be for a <br /> twelve(12) month period. <br /> (e) Any portion of the Tenant Allowance not used within thirty-six(36)months <br /> of the Effective Date of this First Amendment shall be forfeited with no further obligation <br /> by Landlord with respect thereto. In no event shall Tenant be entitled to apply any unused <br /> portion of the Tenant.Allowance towards future paylrue.nts of base Rent and/or, except as <br /> expressly set forth herein, purchase of Tenant's furniture, fix:t ures and equipment. <br /> 12 <br /> 5914216.1 t <br /> i <br /> 1 <br />