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;EXi[:LTILiIT A <br /> WORK LETTER <br /> THIS WOUX LETTER(this"Worm Letter')Is attached to and incorporated into the First <br /> Amendment. Supplementing the provisions of the.Lease (as amended by the First Atnend.ment), <br /> but without limiting those provisions, Landlord and Tenant agroe as follows with respect to the <br /> Tenant Improvements to be installed in the Premises. <br /> L Purpose. This Work Letter establishes respansibllities for the design and <br /> construction of the Tenant Improvements as well as the allocation of the costs of the Tenant <br /> Improvements. The terms, conditions, and requirements of the Loase, except where clearly <br /> inconsistent or inapplicable to this Work Letter,are incorporated into this Work Letter. <br /> 2. Definitions. The :following defined terms used in this Work Letter shall have the <br /> meanings set forth below. unless provided to the contrary herein, any other capitalized term that <br /> is not defined in this Work Letter shall have the meaning given to that term In the Lease. <br /> (a) "Approved Working Drawings"is defined in ectlort 3 hereof. <br /> (b) "Building Systems" means the structural portions of the Building, the <br /> common area restrooms, elevators, the Building's HVAC, mechanical, electrical, l <br /> plumbing,and fire and life safety systems and equipment(including,but not limited to,the <br /> fire alarm and fire sprinklers). <br /> (c) "Contractor" means the general contractor engaged by Landlord for <br /> performance of the Landlord Work pursuant to Section 4 hereof. <br /> (d) "Cost Proposal"is defined in Section.5 a hereof, <br /> (e) "Days"naeans,unless otherwise indicated,calendar days. <br /> k <br /> (t) "Landlord Coordination Fee" means a fee equal to five percent(5°/u)of <br /> the hard and soft costs of the Landlord Work charged by Landlord for its services in <br /> managing tho design and construction of the Tenant Improvements, and such fee will be <br /> included.in the cast of the Landlord Work and.deducted from the Tenant Allowance. <br /> (g) "Landlord's Rcpreseittkative" means Dana Duarte as the only person <br /> authorized to act For.Landlord pursuant to this Work Letter.Tenant shall not be obligated <br /> to respond to or act upon any request,approval, inquiry or other communication from or <br /> on behalf of Landlord .in.connection with this Work.Letter unless such communication is <br /> in writing from Landlord's Representative. Landlord may change the Landlord's <br /> Roprese.ntative at any time upon .not less than five (5) days' advance written notice to <br /> Tenant. <br /> t <br /> (h) "Landlord Worle' means all work necessity and appropriate to complete <br /> the`tenant Improvements in amovdance with this Work Letter and the Lease. <br /> 6 <br /> S9tD216.if <br />