Common use of Construction Documents Clause in Contracts

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. No Tenant Work shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with complete, coordinated construction drawings and specifications ("Construction Documents"). For interior cosmetic Tenant Work that does not require Landlord's approval under Section 5.1.1, the provisions of this Exhibit 3.1 and Article 8 "Construction Documents" may constitute only sketches accompanied by a reasonably detailed description of the Lease (Tenant Work. Before commencing any Tenant Work requiring Landlord's approval under Section 5.1.1, Tenant shall obtain Landlord's prior written approval of the Construction Documents for such planswork, and which approval shall not be unreasonably withheld. Landlord shall use reasonable efforts to respond to Tenant's submission of Construction Documents within 5 business days, or within such longer period as is required in order for Landlord to obtain any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)approval needed from Landlord's mortgagee. All The Construction Documents shall comply with Applicable Laws be prepared by an architect ("Tenant's Architect") experienced in the construction of improvements in and with to comparable buildings in the drawing format and specifications provided by Landlordarea where the Premises are located and, and if such work will exceed the Tenant Work Threshold Amount or involve matters other than interior, non-structural alterations, the identity of such Architect shall be subject to Landlord’s review and approval's approval in advance, such approval not to be unreasonably withheld or delayedwithheld. Tenant shall be solely responsible for Landlord’s third party plan review fees. the liabilities associated with and expenses of all architectural and engineering services relating to Tenant shall deliver Work and for the following to adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant's Architect has been otherwise engaged by Landlord in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Premises). The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the Building Systems. Submission of the Construction Documents to Landlord for approval shall be based deemed a warranty that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations, building codes, and high design standards, (ii) does not materially and adversely affect any structural component of the Premises (including exterior walls, exterior windows, core walls, roofs or floor slabs), (iii) is compatible with and does not materially and adversely affect the Building Systems, (iv) does not affect any property other than the Premises, (v) conforms to floor loading limits, (vi) and with respect to all materials, equipment and special designs, processes or products, does not infringe on any patent or other proprietary rights of others. Landlord's approval of Construction Documents shall only signify Landlord's consent to the approved Concept Plan Tenant Work shown and shall not deviate therefrom result in any material respect responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, or coordination or compatibility with any component or system of the Premises, or the feasibility of constructing the Tenant Work without damage or harm to the Premises, all of which shall be the sole responsibility of Tenant. Within thirty (30) days after substantial completion of any Tenant Work, whether or not the same costs less than the Tenant Work Threshold Amount or otherwise requires Landlord’s 's approval, Tenant shall furnish to be given or withheld in accordance with Landlord "as built" plans showing the terms Tenant Work and adjoining portions of this Exhibit 3.1 with respect to approval of plansthe Premises. Landlord shall review and approve, or disapprove by written notice in sufficient detail Tenant's construction contract(s) for Tenant Work shall provide that any and all warranties thereunder shall inure to be able the benefit of Landlord (and its successors and assigns) as well as Tenant, and Tenant shall furnish Landlord with copies of such warranties promptly after the completion of Tenant Work. To the extent Landlord's approval is required hereunder (but not otherwise), Tenant shall pay to replyLandlord, within ten (10) business days following after Landlord's demand therefor, the proper submission reasonable direct third-party costs and expenses of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed reviewing Construction Documents within ten (10) business days after receipt thereofincurred by Landlord, then Tenant may send a second notice not to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsexceed $3,000.

Construction Documents. Tenant The Construction Documents Phase shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance commence with the provisions of this Exhibit 3.1 and Article 8 Owner’s approval of the Lease Design Development (such plans, or Preliminary Design) Documents and any interim plans submitted to Landlord in connection therewith, together shall be complete with the Concept Plan, Owner’s approval of the Construction Documents. The Construction Documents Phase effort shall be referred to collectively herein as meet the “Construction Documents”). All Construction Documents shall comply with Applicable Laws ” section of the Owner’s “Performance and with Document Submission Requirements” document posted under the drawing format and specifications provided by Landlord, and shall be subject to LandlordA/E Services area of the Owner’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord web site at xxxx://xxxxxxxxxxxx.xx.xxx/. Should certain disciplines identified in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days Performance and Document Submission Requirements” not apply to the Project those specific portions of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 “Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and Documents” section shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with applicable under the terms of this Exhibit 3.1 with respect to approval of plansAgreement. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord Disciplines shall be deemed to have approved the Construction Documents in question. All approvalsdefined as architecture, inspectionsstructural engineering, mechanical engineering, electrical engineering, civil engineering, and requirements commissioning. The Architect/Engineer is expressly required to select and specify materials, supplies, equipment, and systems that are free and absent of Landlord with respect to any all forms of asbestos. At 95% Construction Documents and Finish Work prior to bidding, the Architect/Engineer shall be provide [number] set(s) of Construction Documents including the Estimate of Construction for Landlord’s benefit onlyreview and approval to the Agency point of contact and two (2) sets to the Owner. The Owner may select to have the Plans and Specifications reviewed by a third-party review service (e.g. “Redi-Check”). Should the Owner select to have such a review performed, may not be relied on the Architect/Engineer shall fully cooperate in providing the requisite number of sets of Plans and Specifications to such third-party reviewer. The Owner and Architect/Engineer shall negotiate a percentage of responsibility each has for the compensation provided to the third-party reviewer based upon the quantity and type of review comments received, the completeness of the Plans and Specifications delivered to the third-party reviewer, any delays experienced by Tenant (other than the Owner for purposes redesign and/or incorporation of evidencing Landlord’s consent)comments, and shall not affect Tenant’s responsibility potential benefits to be experienced during construction administration for the samehaving had such a review conducted. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved total Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components Phase shall constitute 100% of the Building design effort inclusive of any responses and alterations due to comments received upon review from the Owner, building codes officials, user groups or any Building systemsother interested third parties.

Construction Documents. No Tenant Work, other than Cosmetic Work, shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)) prepared in accordance with Exhibit J attached hereto. All Before commencing any Tenant Work requiring Landlord’s approval hereunder, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall be given a reasonable opportunity to consult with Tenant and review plans for any work under this Lease requiring Landlord’s consent as they are being prepared. The Construction Documents shall comply with Applicable Laws be prepared by an architect (“Tenant’s Architect”) registered in the Commonwealth of Massachusetts and with experienced in the drawing format construction of tenant space improvements in comparable buildings in the area where the Premises are located and, if the value of such Tenant Work will equal or exceed the Tenant Work Threshold Amount or will affect any Building System, the identity of Tenant’s Architect (and specifications provided by Landlord, and also engineers if such work will affect any Building System) shall be subject to Landlord’s review and approvalapproved by Landlord in advance, such approval not to be unreasonably withheld withheld, conditioned or delayed. Tenant shall be solely responsible for Landlordthe liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s third party plan review feesArchitect has been otherwise engaged by Landlord in connection with the Base Building Work or the Initial Tenant Work). Construction Documents shall comply with all Legal Requirements and Title Matters applicable to the Development or the Premises, or Tenant’s use thereof, as well as with the provisions of the Condominium Documents. Construction Documents shall set forth in detail the requirements for construction of the Tenant Work and shall deliver show all work necessary to complete the following Tenant Work, including all cutting, fitting, and patching and all connections to the mechanical, electrical, and plumbing systems and components of the Unit or the Building. Submission of the Construction Documents to Landlord for approval shall be deemed a warranty by Tenant that all Tenant Work described in accordance the Construction Documents (i) complies with all applicable Legal Requirements, Title Matters and the following schedule Condominium Documents, (the “Time Deadlines”): Concept Plan Within 30 days ii) does not adversely affect any structural component of the Effective Date Schematic Design May 15Unit or the Building, 2019 Design Development June 15(iii) is compatible with and does not adversely affect the Building Systems, 2019 Construction documents For pricing/permits (iv) conforms to floor loading limits specified by Landlord, and GMP July 15(v) with respect to all materials, 2019 equipment and special designs, processes or products, does not infringe on any patent or other proprietary rights of others. The Construction Documents shall be based on comply with Landlord’s requirements for the approved Concept Plan uniform exterior appearance of the Unit, including the use of Landlord’s standard window blinds and standard light fixtures. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not deviate therefrom result in any material respect responsibility of Landlord concerning compliance of the Tenant Work with any Legal Requirements or Title Matters, or coordination or compatibility with any component or system of the Unit or the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Unit or the Building, all of which shall be the sole responsibility of Tenant. If, as a result of any Tenant Work performed or proposed to be performed by Tenant, Landlord is or will be obligated to comply with any Legal Requirement (including the Americans With Disabilities Act) which was not previously applicable to the Premises or the Unit (or which was previously applicable in a different manner or to a different extent), and such compliance requires Landlord to make any improvement or alteration to any portion of the Unit or the Building, then (i) when Landlord makes such determination prior to the performance of such Tenant Work, as a condition to Landlord’s approvalconsent, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approvehave the right to require Tenant to pay to Landlord prior to the performance of such Tenant Work, the entire cost of any improvement or alteration Landlord is obligated to complete by such Legal Requirement, or disapprove by written notice in sufficient detail for (ii) when Landlord makes such determination after such Tenant Work has commenced (regardless of whether or not the same has been completed), Tenant shall pay to be able to replyLandlord, as Additional Rent, within ten (10) business days following of demand therefor by Landlord, the proper submission entire cost of any Construction Documents. In the event that improvement or alteration Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice is obligated to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove complete by reason of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsLegal Requirement.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15January 30, 2019 Design Development June 15February 28, 2019 Construction documents For pricing/permits and GMP July 15April 8, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)On or before August 1, schematic design drawings2008, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with all architectural and engineering documents reasonably required to obtain reliable budget pricing from a qualified contractor for the following schedule Tenant's Improvement Work (defined below) (collectively, the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 "Preliminary Construction documents For pricing/permits and GMP July 15, 2019 Documents"). The Preliminary Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld Approved Preliminary Plans (as modified in accordance with the terms of this Exhibit 3.1 with respect to approval of plansSection 29(a)(iii) above). Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within Within ten (10) business days following Business Days after Landlord’s receipt of the proper submission Preliminary Construction Documents, Landlord shall either (i) approve the Preliminary Construction Documents, or (ii) notify Tenant in writing of any modifications to the Preliminary Construction Documents. In the event Documents that Landlord does not approve or disapprove Tenant’s proposed requires (the "Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Modification Notice"). If Landlord fails to approve or disapprove of such deliver a Construction Documents Modification Notice to Tenant plans within five (5) business days following delivery of such second noticethe time period specified, then Landlord shall be deemed to have approved the Preliminary Construction Documents. To the extent that Landlord's proposed modifications to the Preliminary Construction Documents are required to conform the Preliminary Construction Documents to (A) the Base Building Specification attached hereto as Exhibit "E-1", (B) the Tenant Fit-Out Criteria attached hereto as Exhibit "E-2", or (C) standards consistent with a first class office building in the Navy Yard, Tenant shall proceed to revise the Preliminary Construction Documents in questionaccordance with Landlord's Construction Documents Modification Notice and shall deliver revised Preliminary Construction Documents to Landlord within ten (10) Business Days after Tenant's receipt of such notice. All approvalsWithin ten (10) Business Days after Landlord's receipt of the revised Preliminary Construction Documents, inspectionsLandlord shall either (Y) approve the revised Preliminary Construction Documents, or (Z) notify Tenant in writing of any remaining modifications required to conform the Preliminary Construction Documents to the modifications required in Landlord’s Construction Documents Modification Notice (subject to the limitations set forth in clauses (A), (B), and requirements of Landlord with respect to any (C) above), whereupon Tenant shall, within ten (10) Business Days thereafter, revise the Preliminary Construction Documents accordingly and Finish Work shall be re-submit same to Landlord for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the samefinal approval. The Finish Work shall mean the work shown on the final, approved Preliminary Construction Documents, as affected by any approved Finish Work Change Orders (as defined belowin accordance with this Section 29(b), and shall include all work in are referred to herein as the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved "Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsDocuments".

Construction Documents. No Tenant Work shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, consistent, final construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided ) approved in advance by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on prepared by an architect retained by Tenant and approved by Landlord in advance (“Tenant’s Architect”), which approval shall not be unreasonably withheld. Tenant’s Architect shall be experienced in the construction of tenant space improvements in first-class office buildings in the downtown Boston area. Tenant shall also retain the services of the mechanical, electrical and structural engineers engaged by Landlord for the Project to assist in the preparation of the Construction Documents if any proposed Tenant Work shall in any way affect, respectively, the mechanical, electrical or structural systems, facilities or equipment in the Project. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to the Tenant Work. Tenant shall also be responsible for the adequacy, accuracy, and completeness of the Construction Documents, notwithstanding that such Construction Documents have been approved Concept Plan by Landlord, even if Tenant’s Architect or engineers have been otherwise engaged by Landlord in connection with the Project. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises and elsewhere in the Project, and shall not deviate therefrom in any material respect without Landlordshow all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Project. At Tenant’s approvalrequest, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveprovide, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove at Tenant’s proposed expense, copies of existing architectural, mechanical, electrical and structural drawings pertaining to the Premises. However, Tenant’s Architect shall ascertain all field dimensions and conditions which may be different from those shown on such drawings. Submission of the Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord for approval shall be deemed to have approved a warranty by Tenant and Tenant’s Architect, jointly and severally, that all Tenant Work described in the Construction Documents in question. All approvals(i) complies with all applicable laws, inspectionsregulations, building codes, and requirements reasonable and prudent design standards for a first-class office building, (ii) does not in any manner affect any structural component of Landlord the Project (including, without limitation, exterior walls, exterior windows, core walls, columns, roofs or floor slabs), (iii) is in all respects compatible with respect to the mechanical, electrical and structural components and systems of the Project, (iv) does not affect any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (space or area in or around the Project other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean Premises (including the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components exterior of the Building or any Building systems.Project),

Construction Documents. No Tenant Work requiring ---------------------- Landlord's approval shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “"Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided ") approved in advance by Landlord, and which approval shall not be unreasonably withheld. If Landlord does not disapprove any Construction Documents for Tenant Work submitted within twenty (20) days after submission, then the same shall be subject deemed approved at the end of such period. At the time of granting its approval of any Tenant Work, Landlord shall specify which, if any, of such Work Tenant will be required to Landlord’s review and approval, such approval not to be unreasonably withheld remove upon the expiration or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days earlier termination of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Term. The Construction Documents shall be based on prepared by an architect ("Tenant's Architect") experienced in the construction of tenant space improvements in buildings in the greater Boston area. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents approved Concept Plan by Landlord, even if Tenant's Architect has been otherwise engaged by Landlord in connection with the Building. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. Submission of the Construction Documents to Landlord for approval shall be deemed a covenant by Tenant (unless Tenant furnishes a certificate of Tenant's Architect substantially to the same effect) that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations and building codes, (ii) does not in any manner adversely affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (iii) does not in any manner adversely affect the electrical and mechanical components and systems of the Building, (iv) does not affect any property other than the Premises, and (v) conforms to floor loading limits. Landlord's approval of Construction Documents shall only signify Landlord's consent to the Tenant Work shown thereon and shall not deviate therefrom result in any material respect without Landlord’s approvalresponsibility of Landlord concerning compliance of the Tenant Work with laws, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveregulations, or disapprove by written notice in sufficient detail for Tenant to be able to replycodes, within ten (10) business days following the proper submission coordination of any Construction Documents. In aspect of the event that Landlord does not approve Tenant Work with any other aspect of the Tenant Work or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofany component or system of the Building, then or the feasibility of constructing the Tenant may send a second notice Work without damage or harm to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andthe Building, if Landlord fails to approve or disapprove all of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements sole responsibility of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant Following County approval of the New Park DDs, Developer shall cause Tenant’s the Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and final construction documents for the Finish Work in accordance New Park with the provisions of this Exhibit 3.1 and Article 8 of the Lease sufficient detail to obtain a building permit (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction DocumentsNew Park CDs”). All Construction Documents Within ten (10) business days after the County’s receipt of the New Park CDs, the County shall comply with Applicable Laws and either (i) approve in writing the New Park CDs as substantially consistent with the drawing format and specifications provided New Park DDs approved by Landlordthe County, or (ii) identify in writing, in reasonable detail, those elements of the New Park CDs that are not substantially consistent with the New Park DDs approved by the County. Developer shall promptly address or respond to the County’s objections, and shall be subject to Landlord’s review and approval, such approval not cause the New Park CDs to be unreasonably withheld resubmitted to the County. Such process shall continue until the County shall have approved the New Park CDs; provided, however, that (a) following Developer’s first resubmission of the New Park CDs (and any subsequent resubmission), the County shall have five (5) business days after the County’s receipt thereof in which to provide its approval or delayeddetailed comments, and (b) the County shall work diligently and cooperatively with Developer to find an acceptable solution. Tenant Within ten (10) business days of the approval of the New Park CDs, Developer shall be responsible issue a request for Landlordcompetitive bids to at least three (3) qualified contractors based on the New Park CDs, and shall provide to County copies of such bids promptly upon receipt. If the total hard costs of constructing the New Park (“New Park Hard Costs”) that are included in the lowest bid out of such three (3) competitive bids that is also qualified and responsive in Developer’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule reasonable discretion (the “Time DeadlinesLowest Qualified Bid”): Concept Plan Within 30 days of ) exceed $2,000,000.00 (“New Park Cap”), then the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to replyCounty, within ten (10) business days following of receiving the proper submission of any Construction Documents. In Lowest Qualified Bid, shall either (i) provide Developer with changes to the event New Park CDs such that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten the total New Park Hard Costs are less than the New Park Cap (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend as confirmed in bold and prominent print stating that writing by the contractor providing the Lowest Qualified Bid (“FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consentLowest Qualified Bidder”)), or (ii) accept responsibility for all New Park Hard Costs to be incurred by Developer hereunder in excess of the New Park Cap pursuant to a Construction Contract with the Lowest Qualified Bidder. If Developer reasonably determines that New Park Hard Costs under any such revised New Park CDs would still exceed the New Park Cap, the foregoing process shall continue (with the Parties acting reasonably and promptly in order to avoid any delay to the Project Schedule) until (x) the County shall not affect Tenant’s have provided comments to the New Park CDs so that the New Park Hard Costs will be less than the New Park Cap (as confirmed in writing by the Lowest Qualified Bidder), or (y) the County accepts responsibility for the sameall New Park Hard Costs to be incurred by Developer hereunder in excess of the New Park Cap pursuant to a Construction Contract with the Lowest Qualified Bidder. The Finish Work Notwithstanding the foregoing or any other term of this Agreement, under no circumstance shall mean County be responsible for New Park Hard Costs in excess of the work shown on New Park Cap except to the finalextent such excess in New Park Hard Costs (i) is incurred pursuant to a Construction Contract with the Lowest Qualified Bidder or, (ii) thereafter, arises as a result of a County-directed design change or a Change Order initiated and approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work County. Further notwithstanding anything to the contrary in the “Tenant” column on foregoing, if among the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.three

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract containing the written consent of Tenant's general contractor to such assignment provided that Landlord assumes in writing all obligations of Tenant under said contract, (c) a copy of the architect's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract containing the written consent of Tenant's architect to approval such assignment provided that Landlord assumes in writing all obligations of plans. Landlord shall review Tenant under said contract, and approve, or disapprove by written notice in sufficient detail for Tenant (e) a list of all subcontractors and materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein, then provided Landlord shall not have approval rights over Tenant's architect's contract or the general contractor's contract. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsIn addition, inspectionsLandlord may condition its approval of a general contractor upon Tenant obtaining a performance bond and labor and materials payment bond, each in an amount equal to one hundred percent (100%) of the estimated cost of the Tenant Improvements and requirements in a form acceptable to Landlord, in the event Landlord reasonably determines that such bonds are necessary to ensure lien-free completion of Landlord with respect the Tenant Improvements. Landlord's failure to any Construction Documents and Finish Work shall be for Landlord’s benefit onlydisapprove a contractor, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or materials supplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. Tenant shall At such time as the Cost Estimate has been approved (or deemed approved) by Tenant, Landlord will cause Tenant’s Architect its architect and engineer to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with based strictly on the drawing format and specifications provided by Landlord, and shall Preliminary Plans. The Construction Documents will be subject to Landlord’s review and 's approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) 5 business days after receipt thereofof the Construction Documents, then Tenant may send a second notice to will either approve the same in writing or notify Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andwriting, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved how the Construction Documents in question. All approvals, inspections, are inconsistent with the Preliminary Plans and requirements of Landlord with respect to any how the Construction Documents must be changed in order to overcome Tenant's objections. Each day following the 5th business day after the Construction Documents are submitted to Tenant until Tenant either approves them or delivers such notice of objections will be a day of Tenant's delay. Upon receipt of Tenant's notice of objections, Landlord will cause its architect and Finish Work shall be for Landlord’s benefit only, may not be relied on by engineer to prepare revised Construction Documents according to such notice and submit the revised Construction Documents to Tenant. Upon submittal to Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved revised Construction Documents, as affected by and upon submittal of any approved Finish Work Change Orders (as defined below)further revisions, the procedures described above will be repeated. If the revised Construction Documents, or any further revisions, are consistent with the Preliminary Plans and shall include all work requirements identified in Tenant's prior notice(s) of objections, then each day following Landlord's receipt of Tenant's notice of any additional objections until the “day on which Landlord receives Tenant” column on 's written approval of the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within a day of Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's delay.

Construction Documents. No Tenant Work, other than Cosmetic Work, shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)) prepared in accordance with Exhibit I attached hereto. All Before commencing any Tenant Work requiring Landlord’s approval hereunder, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall be given a reasonable opportunity to consult with Tenant and review plans for any work under this Lease requiring Landlord’s consent as they are being prepared. The Construction Documents shall comply with Applicable Laws be prepared by an architect (“Tenant’s Architect”) registered in the Commonwealth of Massachusetts and with experienced in the drawing format construction of tenant space improvements in comparable buildings in the area where the Premises are located and, if the value of such Tenant Work will equal or exceed the Tenant Work Threshold Amount or will affect any Building System, the identity of Tenant’s Architect (and specifications provided by Landlord, and also engineers if such work will affect any Building System) shall be subject to Landlord’s review and approvalapproved by Landlord in advance, such approval not to be unreasonably withheld withheld, conditioned or delayed. Tenant shall be solely responsible for Landlordthe liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s third party plan review feesArchitect has been otherwise engaged by Landlord in connection with the Base Building Work or the Initial Tenant Work). Construction Documents shall comply with all Legal Requirements and Title Matters applicable to the Development or the Premises, or Tenant’s use thereof, as well as with the provisions of the Condominium Documents. Construction Documents shall set forth in detail the requirements for construction of the Tenant Work and shall deliver show all work necessary to complete the following Tenant Work, including all cutting, fitting, and patching and all connections to the mechanical, electrical, and plumbing systems and components of the Unit or the Building. Submission of the Construction Documents to Landlord for approval shall be deemed a warranty by Tenant that all Tenant Work described in accordance the Construction Documents (i) complies with all applicable Legal Requirements, Title Matters and the following schedule Condominium Documents, (the “Time Deadlines”): Concept Plan Within 30 days ii) does not adversely affect any structural component of the Effective Date Schematic Design May 15Unit or the Building, 2019 Design Development June 15(iii) is compatible with and does not adversely affect the Building Systems, 2019 Construction documents For pricing/permits (iv) does not affect any property other than the Premises, (v) conforms to floor loading limits specified by Landlord, and GMP July 15(vi) with respect to all materials, 2019 equipment and special designs, processes or products, does not infringe on any patent or other proprietary rights of others. The Construction Documents shall be based on comply with Landlord’s requirements for the approved Concept Plan uniform exterior appearance of the Unit, including the use of Landlord’s standard window blinds and standard light fixtures. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not deviate therefrom result in any material respect responsibility of Landlord concerning compliance of the Tenant Work with any Legal Requirements or Title Matters, or coordination or compatibility with any component or system of the Unit or the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Unit or the Building, all of which shall be the sole responsibility of Tenant. If, as a result of any Tenant Work performed or proposed to be performed by Tenant, Landlord is or will be obligated to comply with any Legal Requirement (including the Americans With Disabilities Act) which was not previously applicable to the Premises or the Unit (or which was previously applicable in a different manner or to a different extent), and such compliance requires Landlord to make any improvement or alteration to any portion of the Unit or the Building, then (i) when Landlord makes such determination prior to the performance of such Tenant Work, as a condition to Landlord’s approvalconsent, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approvehave the right to require Tenant to pay to Landlord prior to the performance of such Tenant Work, the entire cost of any improvement or alteration Landlord is obligated to complete by such Legal Requirement, or disapprove by written notice in sufficient detail for (ii) when Landlord makes such determination after such Tenant Work has commenced (regardless of whether or not the same has been completed), Tenant shall pay to be able to replyLandlord, as Additional Rent, within ten (10) business days following of demand therefor by Landlord, the proper submission entire cost of any Construction Documents. In the event that improvement or alteration Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice is obligated to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove complete by reason of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsLegal Requirement.

Construction Documents. A preliminary space plan for the ---------------------- Improvements (the "Space Plan") dated September 20, 1995 and attached hereto as Exhibit C, has previously been prepared by X.X. Xxxx & Associates (the "Architect") and delivered to Tenant. By January 15, 1995, Tenant shall furnish to the Architect such information as may be necessary to finalize the Space Plan. Landlord shall cause Tenant’s the Architect to prepare a concept plan and program deliver the final Space Plan to Tenant within three (3) business days after the Architect has received all information from Tenant necessary for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 preparation of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Space Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant respond to be able to reply, the final Space Plan within ten three (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (103) business days after receipt thereof, specifying any changes or modifications Tenant desires in the Space Plan. If necessary, the Architect will then revise and resubmit the revised final Space Plan to Tenant may send for its approval within two (2) business days after receiving Tenant's comments. Tenant shall review and approve any such revised final Space Plan within two (2) business days of receipt thereof. After the Space Plan is finalized, Landlord shall cause to be prepared and submitted to Tenant a second notice preliminary cost estimate and detailed plans and specifications sufficient to Landlord with a legend in bold permit the construction of the Improvements ("Construction Documents"). Tenant shall review and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails respond to approve or disapprove of such Tenant plans the Construction Documents within five (5) business days following delivery of such second noticeafter receipt thereof, specifying any changes or modifications Tenant desires in the Construction Documents. If necessary, the Architect will then Landlord shall be deemed to have approved revise and resubmit the Construction Documents in questionto Tenant for its approval. All approvalsTenant shall review and approve any such revised Construction Documents within three (3) business days of receipt thereof. If necessary, inspections, and requirements of Landlord will provide Tenant with respect to any a revised cost estimate. Tenant shall approve or disapprove the same within three (3) business days after receipt. The revised Construction Documents and Finish Work cost estimate, as approved by Tenant, are hereinafter referred to as the "Final Construction Documents" and "Final Cost Estimate" (respectively). If Tenant fails to furnish information and give its written approval of any of the foregoing items within the time periods provided above, Tenant shall be responsible for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), all additional costs and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documentsdelays arising from its failure to so timely approve or disapprove such items, as affected by any approved Finish Work Change Orders (as defined provided below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant Landlord shall cause Tenant’s Architect its architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and subject to Tenant’s prior written approval, which approval shall not deviate therefrom be unreasonably withheld, conditioned, or delayed; provided, however, in no event shall any material respect without changes to the Construction Documents modify or be inconsistent with the requirements set forth herein or modify Landlord’s approval, Tenant Improvement Work. Xxxxxx agrees to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect respond to any request for approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery after receipt thereof and to respond to any re-submitted request for approval of such second notice, then Landlord shall be deemed to have approved the Construction Documents following initial submittal of the same within three (3) business days after receipt thereof. The weekly meetings described in question. All approvals, inspections, and requirements Section 3.2(b) below shall include discussions of Landlord with respect any changes to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant Work (other than minor changes in the nature of field work). Landlord shall promptly provide Tenant with copies of any changes in the Construction Documents. Following the approval by Landlord of Tenant’s Schematic Plans, Landlord shall reimburse Tenant for purposes any reasonable increase in the out-of-pocket costs of evidencing the design and construction of Tenant’s Work to the extent resulting directly from any material changes in the Construction Documents (it being understood that minor changes in the nature of field work and changes that are reasonably inferable from the Construction Documents shall not be deemed material) as reasonably documented by Tenant to Landlord so long as Tenant notified Landlord of the need therefor reasonably in advance of implementing the same, giving Landlord a reasonable opportunity to attempt to eliminate the need for such changes to Tenant’s Plans. Landlord shall provide to Tenant a status report and update of the schedule for the design of Landlord’s consent), and shall not affect Tenant’s responsibility for Work until the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, have been completed and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsapproved.

Construction Documents. Within one hundred fifty (150) days after the execution of this Lease by Landlord and Tenant, Tenant shall cause Tenant’s the Architect to prepare a concept plan and program for deliver to Tenant and to Landlord detailed plans and specifications, including construction means and methods, based on the entire Premises that is consistent with first class office and laboratory use (Space Plan, sufficient to permit the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease Tenant Improvements by the Contractor (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws be sufficient to secure all required approvals from governmental authorities and with the drawing format and specifications provided by Landlord, and shall be otherwise subject to Landlord’s review and reasonable approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible cause the Contractor to provide Tenant and Landlord with a cost estimate for Landlord’s third party plan review fees. the Tenant shall deliver Improvements shown in the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In Landlord and Tenant shall each respond to the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents and cost estimate within ten (10) business days after receipt thereof, specifying any changes or modifications each desires in the Construction Documents. Tenant shall then cause the Architect to revise the Construction Documents and resubmit them to Tenant and Landlord for their approval and shall cause the Contractor to provide Tenant and Landlord with a revised cost estimate. Landlord and Tenant shall approve or disapprove the same within ten (10) business days after receipt. Landlord’s failure to respond within such ten (10) business day period shall be deemed Landlord’s disapproval of the Construction Documents; provided, however, that after the expiration of such ten (10) business day period, Tenant may send Landlord written notice of the expiration of such ten (10) business day period with a second notice request for Landlord to so approve of the Construction Documents, in which case, Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, shall be deemed to have approved of the Construction Documents if Landlord fails to does not approve or disapprove of such Tenant plans the Construction Documents within five (5) business days following delivery after receipt of such second noticewritten notice from Tenant. If Landlord disapproves any draft of the Construction Documents, then Landlord Landlord’s disapproval shall be deemed to have approved indicate the reasonable reasons for such disapproval and Tenant shall resubmit the Construction Documents in questionwith the modifications required by Landlord. All approvalsThis process shall continue until the Construction Documents are approved by Landlord; provided, inspectionshowever, and requirements that the Commencement Date shall be delayed by the number of Landlord with respect Delay Days. For this purpose: a “Landlord Delay Day” means each day following the expiration of any 10-business day review period (or any other time period set forth in this Exhibit B for Landlord to any act, excluding time periods relating to Landlord’s payment of the Tenant Improvement Allowance and the Architect allowance) that Landlord does not respond to a plan submittal or other request from Tenant. The revised Construction Documents and Finish Work shall be for Landlord’s benefit onlycost estimate, may not be relied on as approved by Tenant (other than for purposes of evidencing and Landlord’s consent), and shall not affect Tenant’s responsibility for are hereinafter referred to as the same. The Finish Work shall mean the work shown on the final, approved “Final Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), ” and shall include all work in the “TenantFinal Cost Estimate” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsrespectively.

Construction Documents. As soon as may be reasonably practicable after execution and delivery of the Lease, the Space Planner will prepare and deliver to Tenant shall cause Tenant’s Architect to prepare a concept plan detailed plans and program for the entire Premises that is specifications consistent with first class office the Approved Space Plan and laboratory use (sufficient to permit the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease Tenant Improvements by the Contractor (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Tenant shall respond to the Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery Business Days after receipt thereof, specifying any changes or modifications Tenant desires in the Construction Documents which are required because the Construction Documents are inconsistent with the Approved Space Plan, and so long as such changes do not increase the costs of the Tenant Improvements. Tenant shall make no changes to the Final Construction Documents without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion if any such second noticechange or modification would (a) directly or indirectly delay “Substantial Completion” (as hereinafter defined) of the Tenant Improvements, and/or (b) increase the cost of designing or constructing the Tenant Improvements. Any disapproval by Tenant shall also specify in detail the reasons for Tenant’s disapproval, together with a detailed listing of those changes or modifications to the Construction Documents which would cause Tenant to approve the Construction Documents (“Tenant’s Plans Changes”). The Space Planner will then revise the Construction Documents, as such may be reasonably approved by Landlord, and resubmit the Construction Documents to Tenant for its approval. So long as the revised Construction Documents incorporate Tenant’s list of changes contained in Tenant’s Plans Changes, then Landlord any subsequent changes requested by Tenant to the Construction Documents shall be deemed to have approved be a Tenant Delay. Tenant shall approve or disapprove the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant same within three (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same3) Business Days after receipt. The Finish Work shall mean the work shown on the final, approved revised Construction Documents, as affected approved by any approved Finish Work Change Orders (Tenant and Landlord, are hereinafter referred to as defined below), and shall include all work in the “Tenant” column Final Construction Documents”. In no event shall changes requested by Tenant to the Construction Documents increase the costs of the Tenant Improvements. Additional interior decorating services and advice on the allocation furnishing and decoration of responsibility attached the Premises, such as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type fixtures, furnishings or design of material or structure among those shown will mill work, shall be within Tenant’s provided by Tenant at its expense, but shall be subject to the reasonable discretion if the matter concerns the Finish Work, and within approval of Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. No Tenant Work requiring Landlord's approval shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “"Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided ") approved in advance by Landlord, and which approval shall not be unreasonably withheld. If Landlord does not disapprove any Construction Documents for Tenant Work submitted within twenty (20) days after submission, then the same shall be subject deemed approved at the end of such period. At the time of granting its approval of any Tenant Work, Landlord shall specify which, if any, of such Tenant Work Tenant will be required to Landlord’s review and approval, such approval not to be unreasonably withheld remove upon the expiration or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days earlier termination of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Term. The Construction Documents shall be based on prepared by an architect (or a space planner, for non structural work) ("Tenant's Architect") experienced in the construction of tenant space improvements in buildings of a similar size and class. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents approved Concept Plan by Landlord, even if Tenant's Architect has been otherwise engaged by Landlord in connection with the Building. The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be fully coordinated with one another and with field conditions as they exist in the Premises, and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. Submission of the Construction Documents to Landlord for approval shall be deemed a covenant by Tenant (unless Tenant furnishes a certificate of Tenant's Architect substantially to the same effect) that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations and building codes, (ii) does not in any manner adversely affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (iii) does not in any manner adversely affect the electrical and mechanical components and systems of the Building, (iv) does not affect any property other than the Premises, and (v) conforms to floor loading limits. Landlord's approval of Construction Documents shall only signify Landlord's consent to the Tenant Work shown thereon and shall not deviate therefrom result in any material respect without Landlord’s approvalresponsibility of Landlord concerning compliance of the Tenant Work with laws, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveregulations, or disapprove by written notice in sufficient detail for Tenant to be able to replycodes, within ten (10) business days following the proper submission coordination of any Construction Documents. In aspect of the event that Landlord does not approve Tenant Work with any other aspect of the Tenant Work or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofany component or system of the Building, then or the feasibility of constructing the Tenant may send a second notice Work without damage or harm to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andthe Building, if Landlord fails to approve or disapprove all of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements sole responsibility of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. After the Space Plans are ---------------------- ultimately approved by Landlord and are deemed to be -45- the Final Preliminary Plans, Tenant shall cause Tenant’s Architect Designer to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to replyprepare, within ten seventy-five (1075) business days following Landlord's approval of the proper submission Final Preliminary Plans, final plans and specifications ("Final Tenant Plans") and a reasonably detailed, line item budget ("Budget") for completion of the Tenant Improvements. Tenant shall then deliver two (2) sets of the Final Tenant Plans and the Budget to Landlord. The Final Tenant Plans shall reflect the proposed locations of the windows, doors and skylights to be installed by Landlord as part of Landlord's Work, and all other information required to permit Landlord to proceed with Landlord's Work. Landlord shall approve or disapprove, for reasonable reasons (provided, however, Landlord may disapprove the location of any Construction Documents. In window, door or skylight to be installed by Landlord as part of Landlord's Work if any such location would materially adversely effect the event structural integrity of the Building, would result in significant seismic improvements or upgrading to install any such item in that Landlord does not approve location or disapprove Tenant’s proposed Construction Documents within if installing any such item in that location would cost more than ten thousand dollars (10) business days after receipt thereof$10,000)), then the Final Tenant may send a second notice to Landlord with a legend in bold Plans and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans the Budget within five (5) business days following delivery after Landlord receives the Final Tenant Plans and the Budget and, if disapproved, Landlord shall return the Final Tenant Plans and the Budget to Tenant who shall make all necessary revisions within fifteen (15) business days after Tenant's receipt thereof. The failure of Landlord to respond to any Final Tenant Plans and Budget so submitted within such second noticefive business day period (and if disapproved, then Landlord stating therein in reasonable detail, the basis for such disapproval), shall be deemed to have approved constitute the approval of Landlord thereto. This procedure shall be repeated until Landlord ultimately approves the Final Tenant Plans and the Budget. As approved, the Final Tenant Plans and the Budget, as modified, shall be deemed the "Construction Documents Documents." All deliveries of the Space Plans, Final Preliminary Plans, Final Tenant Plans and the Budget shall be delivered by messenger service, by personal hand delivery or by overnight parcel service. While Landlord has the right to approve the Space Plans, Final Preliminary Plans, Final Tenant Plans and the Budget, Landlord's sole interest in questiondoing so is to protect the Building and Landlord's interests. All approvalsAccordingly, inspectionsTenant shall not rely upon Landlord's approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of any such Space Plans, Final Preliminary Plans, Final Tenant Plans or the Budget, or the compliance thereof with applicable laws, and requirements Landlord shall incur no liability of any kind by reason of granting such approvals. Tenant shall provide Landlord with respect an updated version of the Budget within ten (10) days after any material change to any Construction Documents the Budget and Finish Work within (10) days after Landlord's written request for an updated version of the Budget (which requests shall be for Landlord’s benefit only, may not be relied on by Tenant (other more frequent than for purposes of evidencing Landlord’s consentmonthly), and but Landlord shall not affect Tenant’s responsibility for have no right to approve any revisions to the sameBudget. The Finish Work Tenant shall mean the work shown on the final, approved Construction Documents, provide Landlord with two sets of "as affected by any approved Finish Work Change Orders built" Final Tenant Plans within forty-five (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components 45) days after completion of the Building or any Building systemsTenant Improvements.

Construction Documents. Tenant shall promptly cause Tenant’s Architect the Space Planner and the Engineers to prepare a concept plan complete the architectural and program engineering drawings for the entire Premises that Suite 505 Expansion Premises, and the Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing Construction Documents in a form which is consistent with first class office complete to allow subcontractors to bid on the work and laboratory use to obtain all applicable permits (collectively, the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Final Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, ) and shall be subject submit the same to Landlord for Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. supply Landlord with two (2) copies signed by Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any such Final Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofshall, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery after Landlord’s receipt of such second noticethe Final Construction Documents, then either (i) approve the Final Construction Documents, (ii) approve the Final Construction Documents subject to specified conditions to be satisfied by Tenant prior to submitting the approved Final Construction Documents for permits as set forth below, or (iii) disapprove and return the Final Construction Documents to Tenant with requested revisions. Landlord shall be deemed to have approved not unreasonably require changes or modifications or withhold its approval of the Final Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Final Construction Documents if (1) the Suite 505 Tenant Improvements will affect the Building’s structure or the Building systems, including but not limited to the electrical system, (2) any element of the Suite 505 Tenant Improvements fails to comply with any applicable laws, or (3) the cost of removing the Suite 505 Tenant Improvements at the end of the Term would be excessive in questionLandlord’s reasonable estimation. All approvalsIf Landlord disapproves the Final Construction Documents, inspectionsTenant may resubmit the Final Construction Documents to Landlord at any time, and requirements Landlord shall approve or disapprove of the resubmitted Final Construction Documents, based upon the criteria set forth in this Section 1.1.2 within three (3) business days after Landlord receives such resubmitted Final Construction Documents. Once approved by Landlord as set forth above, the Final Construction Documents shall be referred to as the “Approved Construction Documents,” and such Final Construction Documents shall be so approved by Landlord prior to the commencement of construction of the Suite 505 Tenant Improvements by Tenant. After approval by Landlord of the Final Construction Documents, Tenant shall cause the Space Planner to submit the Approved Construction Documents to the appropriate municipal authorities for all architectural and structural permits (the “Permits”), provided that (a) the Space Planner shall provide Landlord with respect a copy of the package that it intends to any Construction Documents and Finish Work shall be submit prior to such submission for Landlord’s benefit onlyreview and prior approval, (b) Tenant and/or the Space Planner shall provide Landlord with any comments to any submitted plan documents made by any governmental authority immediately upon Tenant’s receipt of same, and copies of all Permits required for construction of the Suite 505 Tenant Improvements upon issuance, and (c) if there are Building modifications required to obtain the Permits, then Tenant shall obtain Landlord’s prior written consent to any such Building modifications. Notwithstanding anything to the contrary in the foregoing, Tenant or the Space Planner shall obtain a Permit for all electrical work performed at the Suite 505 Expansion Premises. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Suite 505 Expansion Premises) for the Suite 505 Expansion Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord, at no cost to Landlord, shall cooperate with Tenant in performing ministerial acts reasonably necessary to enable Tenant to obtain any such certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Suite 505 Expansion Premises). No changes, modifications or alterations in the Approved Construction Documents may be made without the prior written consent of Landlord, which consent may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material unreasonably withheld or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsdelayed.

Construction Documents. Tenant shall cause In connection with the execution of this Lease Landlord has given its consent to Tenant’s Architect to prepare a concept plan and program conceptual plans for the entire Premises that is consistent with first class office and laboratory use initial Tenant Work attached as Exhibit E1 (the “Concept PlanTenant’s Initial Construction”), schematic design drawings, design development drawings, and construction documents . Landlord shall review Tenant’s Construction Documents for the Finish Tenant’s Initial Construction as provided for below. No Tenant Work shall be effected except in accordance with the provisions of this Exhibit 3.1 complete construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All If the Tenant Work is required to be approved by Landlord as provided in Section 3.2.1, then the Construction Documents shall comply with Applicable Laws be submitted to and with must be approved by Landlord prior to commencement of the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approvalTenant Work, such approval not to be unreasonably withheld withheld, conditioned or delayed if the Construction Documents conform to the requirements of this Lease. At the time Landlord approves such Construction Documents, Landlord shall have the right to notify Tenant which portions of such Tenant Work, if any, must be removed by Tenant at the end of the Term, and any such portions so designated by Landlord shall be removed by Tenant at the end of the Term. The Construction Documents shall be prepared by an architect (“Tenant’s Architect”) experienced in the construction of tenant space improvements, and if the Tenant Work is required to be approved by Landlord as provided in Section 3.2.1, the identity of such Architect shall be approved by Landlord in advance, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall be solely responsible for Landlordthe liabilities of and expenses of all architectural and engineering services relating to Tenant Work, for the adequacy, accuracy, and completeness of the Construction Documents, and for the conformance of the Tenant Work to all laws, codes and design standards even if approved by Landlord and even if Tenant’s third party plan review fees. Tenant shall deliver the following to Architect or any engineers has been otherwise engaged by Landlord in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Building. The Construction Documents shall set forth in reasonable detail the requirements for construction of the Tenant Work and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to all Building systems. Submission of the Construction Documents to Landlord for approval shall be based deemed a warranty by Tenant that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, codes and design standards, (ii) does not adversely affect any structural component of the Building (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (iii) is in all respects compatible with and does not adversely affect any mechanical, electrical, utility, fire protection or life safety systems or other systems or equipment of the Building, (iv) does not affect any property other than the Premises, (v) conforms to floor loading limits and all other Building system capacities, (vi) and with respect to all materials, equipment, designs, processes, or products included within Tenant Work, does not infringe on any patent or other proprietary rights of others. Landlord’s approval of Construction Documents shall only signify Landlord’s consent to the approved Concept Plan Tenant Work shown thereon and shall not deviate therefrom result in any material respect without Landlord’s approvalresponsibility of Landlord concerning compliance of the Tenant Work with laws, to be given coordination of any aspect of the Tenant Work with any other aspect of the Tenant Work or withheld in accordance with any component or system of the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveBuilding, or disapprove by written notice in sufficient detail for the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be able to reply, within ten (10) business the sole responsibility of Tenant. Within 30 days following the proper submission after substantial completion of any Construction Documents. In Tenant Work, whether or not the event that Landlord does not approve same costs less or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofmore than the Threshold Amount, then Tenant may send a second notice shall furnish to Landlord with a legend in bold plans showing the Tenant Work and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components adjoining portions of the Building or any Building systemsPremises “as built.”

Construction Documents. Tenant shall promptly cause Tenant’s Architect the Space Planner and the Engineers to prepare a concept plan complete the architectural and program engineering drawings for the entire Premises that ROFO Premises, and the Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing Construction Documents in a form which is consistent with first class office complete to allow subcontractors to bid on the work and laboratory use to obtain all applicable permits (collectively, the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Final Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, ) and shall be subject submit the same to Landlord for Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. supply Landlord with two (2) copies signed by Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any such Final Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofshall, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery after Landlord’s receipt of the Final Construction Documents, either (i) approve the Final Construction Documents, (ii) approve the Final Construction Documents subject to specified conditions to be satisfied by Tenant prior to submitting the Approved Construction Documents for permits as set forth below, if the Final Construction Documents are inconsistent with the Final Space Plan, or (iii) disapprove and return the Final Construction Documents to Tenant with requested revisions if the Final Construction Documents are inconsistent with the Final Space Plan. If Landlord disapproves the Final Construction Documents, Tenant may resubmit the Final Construction Documents to Landlord at any time, and Landlord shall approve or disapprove of the resubmitted Final Construction Documents, based upon the criteria set forth in this Section 1.1.2 within three (3) business days after Landlord receives such second noticeresubmitted Final Construction Documents. Once approved by Landlord as set forth above, the Final Construction Documents shall be referred to as the “Approved Working Documents,” and such Final Construction Documents shall be so approved by Landlord prior to the commencement of construction of the ROFO Premises by Tenant. After approval by Landlord of the Final Construction Documents Tenant shall cause the Space Planner to submit the Approved Construction Documents to the appropriate municipal authorities for all architectural and structural permits (the “Permits”), provided that (a) the Space Planner shall provide Landlord with a copy of the package that it intends to submit prior to such submission, and (b) if there are Building modifications required to obtain the Permits, then Tenant shall obtain Landlord’s prior written consent to any such Building modifications. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the ROFO Premises) for the ROFO Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord shall be deemed cooperate with Tenant in performing ministerial acts reasonably necessary to have approved enable Tenant to obtain any such certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the ROFO Premises). No changes, modifications or alterations in the Approved Construction Documents in question. All approvalsmay be made without the prior written consent of Landlord, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, which consent may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material unreasonably withheld or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsdelayed.

Construction Documents. Tenant shall cause prepare, at Tenant’s Architect 's expense (subject to prepare a concept plan and program for reimbursement from the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”Finish Work Allowance under Section L.2), schematic design drawings, design development drawings, and construction documents Construction Documents (as defined in Section 10.05 of the Lease) for the Finish Work in Work. In accordance with and subject to the provisions of this Exhibit 3.1 and Article 8 Section 10.05, Landlord shall approve all of the Lease Finish Work on the Construction Documents. Landlord has approved, Xxxxx, Xxxxx & Xxxxx as Tenant's Architect (as defined in Section 10.05 of the Lease) for the Finish Work. If an architect other than Landlord's architect is selected by Tenant, Tenant shall provide a letter from such plans, and any interim plans submitted architect to Landlord in connection therewith, together with stating that the Concept Plan, shall be referred to collectively herein as architect has carefully reviewed the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms requirements of this Exhibit 3.1 with respect to approval L, of plans. Landlord shall review and approveSection 10.05 of the Lease, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve design manual or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then handbook provided to Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of by Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within of any Finish Work design schedule, and that the architect will comply with all such requirements including without limitation the submission deadlines stated in any Finish Work design schedule. Tenant shall also retain the services of the electrical and mechanical engineers engaged by Landlord for the Base Building Work, as well as Landlord’s reasonable discretion 's structural engineer if the matter any portion of Finish Work affects the structural components of the Building. Even though such engineers (and architect if Tenant engages Landlord's architect) have been otherwise engaged by Landlord in connection with the Base Building or any Work, Tenant shall be solely responsible for the liabilities and expenses of all architectural and engineering services relating to the Finish Work (subject to reimbursement from the Finish Work Allowance) and for the adequacy and completeness of the Construction Documents submitted to Landlord. The Construction Documents shall provide for the uniform exterior appearance of the Building, including without limitation the use of Building systemsstandard window blinds and Building standard light fixtures within 15 feet of each exterior window.

Construction Documents. Tenant Landlord shall cause Tenant’s Architect to prepare a concept plan be prepared the initial draft plans, specifications, engineering drawings and program for the entire Premises that is consistent other documents required with first class office and laboratory use respect to Landlord's Work (the “Concept Plan”"Proposed Construction Documents"), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 . Landlord's architect shall submit two (2) complete sets of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Proposed Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s Tenant for Tenant's review and approval. Tenant, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15as promptly as is reasonably practicable, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveapprove the Proposed Construction Documents, (or disapprove by written notice deny approval in sufficient detail for which case Tenant shall specifically and precisely state the objections Tenant has to be able to replythe submitted plans and specifications as well as what elements Tenant approves), within however Tenant shall take no more than ten (10) business days following for such review. If Tenant timely objects to the proper submission of any Proposed Construction Documents. In , then the event parties will (a) cooperate and work together in a timely fashion to finalize the fully completed plans and specifications for Landlord's Work sufficient for obtaining building permits and development of the Premises in preparation for occupancy by the Tenant (the "Construction Documents") and (b) make whatever revisions, alterations, or modifications are necessary so that Landlord does not approve or disapprove Tenant’s proposed the Proposed Construction Documents are approved by the parties within ten (10) business days after receipt thereofthe notice of objection. Tenant will approve the Proposed Construction Documents if they are consistent with the Preliminary Plan and in conformance with the Specs, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andprovided, however, if Landlord fails the Proposed Construction Documents include any variances to approve the Preliminary Plan or disapprove the Specs as a result of such site specific conditions or Applicable Laws, Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed obligated to have approved the Construction Documents accept these variances so long as they do not result in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components modification of the Building or the Premises. If the parties have not approved the Construction Documents, or any Building systemsmodification thereof, within twenty (20) business days after initial submittal of the Proposed Construction Documents to Tenant, then any dispute between Landlord and Tenant relating thereto will be determined in accordance with the dispute resolution procedure set forth in Paragraph 2.9 below.

Construction Documents. Tenant shall cause Tenantprovide to Landlord for Landlord’s Architect to prepare approval a concept plan draft set of complete construction plans, specifications and program for the entire Premises that is consistent with first class office and laboratory use documents (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Draft Tenant Construction Documents”)) ready for permitting for the construction of Tenant’s Work. All The Draft Tenant Construction Documents shall comply clearly indicate the location of all access points for the Leased Property, all utilities to be brought onto the Leased Property (including, without limitation, the location and dimensions of any easements proposed therefor), the size and location of all buildings to be constructed or located upon the Leased Property and all interior plans for such buildings and improvements, including partitions, fixtures, electrical components, mechanical components, and restroom(s) required for the finish of the Premises. Landlord shall have 30 days to respond to the Draft Tenant Construction Documents and either approve such documents or provide requested revisions thereto. If applicable, Tenant shall thereafter have 10 days to revise such Draft Tenant Construction Documents based on Landlord’s requested revisions. Upon Landlord and Tenant’s agreement on the Draft Tenant Construction Documents, Tenant shall submit to Landlord four (4) sets of complete construction plans, specification and documents (the “Tenant Construction Documents”) ready for permitting for the finish of the Premises. Prior to Tenant seeking construction permits for Tenant’s Work and/or construction, Tenant shall provide written notice thereof to Landlord and Landlord will provide Tenant with Applicable Laws a letter releasing Tenant to permitting or initiation of construction, as the case may be. All permits for Tenant’s Work will be obtained by Tenant and with its sole cost and expense. Notwithstanding the drawing format and specifications provided foregoing or anything to the contrary set forth in this Work Letter or the Lease, any easement which may be necessary or desirable for the performance of Tenant’s Work or the operation of the Premises may only be granted by Landlord, and which easements shall be subject to Landlord’s review upon such terms and approvalconditions, benefit such approval not to third parties and be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to in such locations as Landlord may determine in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s its sole but reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsdiscretion.

Construction Documents. Tenant shall promptly cause Tenant’s Architect the Space Planner and the Engineers to prepare a concept plan complete the architectural and program engineering drawings for the entire Premises that Suite 208 Expansion Premises, and the Space Planner shall compile a fully coordinated set of architectural, structural, mechanical, electrical and plumbing Construction Documents in a form which is consistent with first class office complete to allow subcontractors to bid on the work and laboratory use to obtain all applicable permits (collectively, the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Final Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, ) and shall be subject submit the same to Landlord for Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. supply Landlord with two (2) copies signed by Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any such Final Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofshall, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery after Landlord’s receipt of such second noticethe Final Construction Documents, then either (i) approve the Final Construction Documents, (ii) approve the Final Construction Documents subject to specified conditions to be satisfied by Tenant prior to submitting the approved Final Construction Documents for permits as set forth below, or (iii) disapprove and return the Final Construction Documents to Tenant with requested revisions. Landlord shall be deemed to have approved not unreasonably require changes or modifications or withhold its approval of the Final Construction Documents; provided, however, Landlord may, in its sole and absolute discretion, require changes or modifications or withhold its approval of the Final Construction Documents if (1) the Suite 208 Tenant Improvements will affect the Building’s structure or the Building systems, including but not limited to the electrical system, (2) any element of the Suite 208 Tenant Improvements fails to comply with any applicable laws, or (3) the cost of removing the Suite 208 Tenant Improvements at the end of the Term would be excessive in questionLandlord’s reasonable estimation. All approvalsIf Landlord disapproves the Final Construction Documents, inspectionsTenant may resubmit the Final Construction Documents to Landlord at any time, and requirements Landlord shall approve or disapprove of the resubmitted Final Construction Documents, based upon the criteria set forth in this Section 1.1.2 within three (3) business days after Landlord receives such resubmitted Final Construction Documents. Once approved by Landlord as set forth above, the Final Construction Documents shall be referred to as the “Approved Construction Documents,” and such Final Construction Documents shall be so approved by Landlord prior to the commencement of construction of the Suite 208 Tenant Improvements by Tenant. After approval by Landlord of the Final Construction Documents, Tenant shall cause the Space Planner to submit the Approved Construction Documents to the appropriate municipal authorities for all architectural and structural permits (the “Permits”), provided that (a) the Space Planner shall provide Landlord with respect a copy of the package that it intends to any Construction Documents and Finish Work shall be submit prior to such submission for Landlord’s benefit onlyreview and prior approval, (b) Tenant and/or the Space Planner shall provide Landlord with any comments to any submitted plan documents made by any governmental authority immediately upon Tenant’s receipt of same, and copies of all Permits required for construction of the Suite 208 Tenant Improvements upon issuance, and (c) if there are Building modifications required to obtain the Permits, then Tenant shall obtain Landlord’s prior written consent to any such Building modifications. Notwithstanding anything to the contrary in the foregoing. Tenant or the Space Planner shall obtain a Permit for all electrical work performed at the Suite 208 Expansion Premises. Tenant hereby agrees that neither Landlord nor Landlord’s consultants shall be responsible for obtaining any certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Suite 208 Expansion Premises) for the Suite 208 Expansion Premises and that obtaining the same shall be Tenant’s responsibility; provided, however, that Landlord, at no cost to Landlord, shall cooperate with Tenant in performing ministerial acts reasonably necessary to enable Tenant to obtain any such certificate of occupancy (or other documentation or approval allowing Tenant to legally occupy the Suite 208 Expansion Premises). No changes, modifications or alterations in the Approved Construction Documents may be made without the prior written consent of Landlord, which consent may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent)unreasonably withheld or delayed; provided, however, that Landlord may, in its sole and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the finalabsolute discretion, approved Construction Documentswithhold its consent to any changes, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work modifications or alterations in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Approved Construction Documents as permitted substitutionsthat affect (1) the Building’s structure or the Building systems, including but not limited to the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Workelectrical system, and within Landlord’s reasonable discretion if the matter affects the structural components (2) any element of the Building Suite 208 Tenant Improvements fails to comply with any applicable laws, or any Building systems(3) the cost of removing the Suite 208 Tenant Improvements at the end of the Term would be excessive in Landlord’s, reasonable estimation.

Construction Documents. Tenant shall cause Tenant’s Architect (i) Mortgage Borrower has all necessary power and authority to prepare enter into and perform its respective obligations under the Construction Documents to which Mortgage Borrower is a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawingsparty, and all other agreements and instruments to be executed by Mortgage Borrower in connection with the construction documents for and the Finish Work development of the Project. (ii) The Existing Construction Documents to which Mortgage Borrower is a party have been, and any Future Construction Documents to which Mortgage Borrower will be a party will be, duly executed and delivered by Mortgage Borrower. (iii) The Existing Construction Documents to which Mortgage Borrower is a party constitute, and any Future Construction Documents to which Mortgage Borrower will be a party will constitute, when executed and delivered, a legal, valid and binding obligation of Mortgage Borrower, enforceable against Mortgage Borrower in accordance with its terms, subject only to applicable bankruptcy, insolvency and similar laws generally affecting rights of creditors and the provisions enforcement of this Exhibit 3.1 debtors’ obligations, and Article 8 by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law). (iv) General Contractor has engaged subcontractors under subcontracts representing one hundred percent (100%) of all subcontract amounts under the Construction Budget (which shall include all of the Lease Major Trade Contracts and the related Major Trade Contractors under such Major Trade Contracts). (such plansv) Mortgage Borrower has obtained all Construction Permits (A) required for Mortgage Borrower and/or General Contractor to commence construction work constituting the applicable Required Improvements, and any interim plans submitted (B) otherwise then-required under Legal Requirements for the actual stage of construction on the Property, and, in each case, a true, complete and correct list of such Construction Permits is attached as Schedule V hereto. (vi) Borrower shall have delivered (or caused Mortgage Borrower to Landlord in connection therewith, together with the Concept Plan, shall be referred deliver) evidence reasonably satisfactory to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days Lender that each of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Drawings and the Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 Drawings with respect to approval of plansthe Required Improvements on such Parcel are 100% complete. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consentc), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights thereunder and containing the written consent of Tenant's general contractor to such assignment, (c) a copy of the arxxxxxxt's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights under said architect's contract and containing the written consent of Tenant's architect to approval such assignment, and (e) a list of plans. Landlord shall review all subcontractors and approve, or disapprove by written notice in sufficient detail for Tenant materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein. If Landlord disapproves the proposed construction contract or the proposed architect's contract for the Tenant Improvements, then Landlord's notice shall specify all changes that must be made to the xxxxxxxd architect's and/or contractor's agreements as a condition of Landlord's approval thereof. Within five (5) business days following receipt of Landlord's notice of disapproval, Tenant shall deliver to Landlord revised copies of the proposed architect's and/or contractor's agreements, which revised copies shall incorporate all changes specified in Landlord's notice of disapproval. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsLandlord's failure to disapprove a contractor, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or matexxxxx xxpplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. No Tenant Work shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”) prepared in accordance with Exhibit 10.05(b). All Before commencing any Tenant Work requiring Landlord’s approval hereunder, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall approve or disapprove any Construction Documents in Landlord’s reasonable discretion within ten (10) Business Days after receipt, with specific reasons for disapproval. If Landlord disapproves such Construction Documents, Tenant may make the changes reasonably required by Landlord, in which case Landlord shall within five (5) Business Days thereafter approve or disapprove (with specific reasons) such revised Construction Documents, or Tenant may elect not to proceed with such work. This process shall continue until such Construction Documents are approved. The Construction Documents shall comply with Applicable Laws and with be prepared by an architect (“Tenant’s Architect”) registered in the drawing format and specifications provided by LandlordCommonwealth of Massachusetts, and experienced in the construction of tenant space improvements in comparable buildings in the area where the Premises are located and, if the value of such Tenant Work will equal or exceed the Tenant Work Threshold Amount or will affect any Core Building Systems or structural components of the Building, the identity of such Architect shall be subject to Landlord’s review and approvalapproved by Landlord in advance, such approval not to be unreasonably withheld or delayed(and subject in any event to the provisions of Exhibit 10.04(c) with respect to the Architect for the Finish Work). Tenant shall be solely responsible for Landlordthe liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s third party plan review fees. Tenant shall deliver the following to Architect has been otherwise engaged by Landlord in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Building). The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical, electrical, and plumbing systems and components of the Building. Submission of the Construction Documents to Landlord for approval shall be based deemed a warranty that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations, building codes, and first class design standards, (ii) does not adversely affect any structural component of the Building, (iii) is compatible with and does not adversely affect the Core Building Systems, (iv) does not affect any property other than the Property, (v) conforms to floor loading limits specified by Landlord, (vi) and with respect to all materials, equipment and special designs, processes or products, does not infringe on any patent or other proprietary rights of others. The Construction Documents shall comply with Landlord’s requirements for the approved Concept Plan uniform exterior appearance of the Building. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not deviate therefrom result in any material respect without Landlord’s approvalresponsibility of Landlord concerning compliance of the Tenant Work with laws, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveregulations, or disapprove by written notice in sufficient detail for codes, or coordination or compatibility with any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to be able to replythe Building, within ten (10) business days following the proper submission all of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements sole responsibility of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant shall cause Tenant’s Architect furnish to prepare a concept plan Landlord for its review and program approval “permit ready” detailed Plans and Specifications for the entire Premises that is consistent with first class office and laboratory use Tenant Improvement Work (the “Concept Plan”"Construction Documents"). Landlord shall advise Tenant of Landlord's written approval or disapproval of the Construction Documents within fifteen (15) Business Days after Tenant submits the Construction Documents to Landlord, it being expressly acknowledged and agreed that Landlord's sole basis for denying approval of any submission of the Construction Documents by Tenant shall be (i) the non-compliance of the Construction Documents with applicable law and/or (ii) the Tenant Improvement Work depicted on the Construction Documents would require Landlord to make modifications to the Base Building Plans that would not be Permitted Base Building Modifications [as defined in Section 2 (a) (3) of this Exhibit B-3] or (iii) the Tenant Improvement Work shown on the Construction Documents will materially and adversely affect the design of the Base Building Structure or the Base Building Systems (subparagraphs (i), schematic design drawings, design development drawings, (ii) and construction documents for (iii) being hereinafter collectively referred to herein as the Finish Work "Construction Documents Disapproval Criteria"). If Landlord timely disapproves of the Construction Documents in accordance with the provisions Construction Documents Disapproval Criteria, Tenant shall revise the Construction Documents, and resubmit the Construction Documents to Landlord only for review of this Exhibit 3.1 and Article 8 those issues noted by Landlord which conform to the Construction Documents Disapproval Criteria. Landlord shall provide Tenant with written approval or disapproval of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All revised Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval Section 4(a)(1) within seven (7) Business Days after Landlord's receipt of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed revised Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord the review procedure set forth above shall be deemed to have approved repeated until the Construction Documents in questionare approved by Landlord. All approvals, inspections, and requirements of If Landlord with respect to disapproves any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on submission by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below)Landlord shall provide Tenant with a detailed written explanation setting forth the reasons for such disapproval, and which reasons shall include all work in be consistent with the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsDisapproval Criteria.

Construction Documents. No Tenant Work shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)) prepared in accordance with Exhibit B-6. All Before commencing any Tenant Work (other than work that does not typically involve construction drawings or specifications) requiring Landlord’s approval hereunder, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall not be unreasonably withheld, conditioned or delayed as provided in Section 10.5(a) above. The Construction Documents shall comply with Applicable Laws and with be prepared by an architect or, where applicable, a qualified engineer (in either case, “Tenant’s Architect”) registered in the drawing format and specifications provided by LandlordCommonwealth of Massachusetts, and experienced in the construction of tenant space improvements in comparable buildings in the area where the Premises are located and, if the value of such Tenant Work will equal or exceed the Tenant Work Threshold Amount or will affect any Core Building Systems or structural components of the Building, the identity of such Tenant’s Architect shall be subject to Landlord’s review and approvalapproved by Landlord in advance, such approval not to be unreasonably withheld withheld, conditioned, or delayed. Tenant shall be solely responsible for Landlordthe liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s third party plan review fees. Tenant shall deliver the following to Architect has been otherwise engaged by Landlord in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Building). The Construction Documents shall be based on set forth in detail the approved Concept Plan requirements for construction of the Tenant Work and shall not deviate therefrom in any material respect without Landlord’s approvalshow all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to be given or withheld in accordance with the terms mechanical, electrical, and plumbing systems and components of this Exhibit 3.1 with respect to approval the Building. Submission of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord for approval shall be deemed to have approved constitute Tenant’s agreement that, except as is specifically and expressly set forth therein, Tenant shall be and remain solely responsible for ensuring that all Tenant Work described in the Construction Documents in question. All approvals(i) complies with all applicable Legal Requirements, inspectionsbuilding codes, and customary industry design standards for first-class suburban office buildings, (ii) does not materially and adversely affect any structural component of the Building, (iii) is compatible with and does not adversely affect the Core Building Systems, (iv) does not affect any property other than the Premises, and (v) conforms to floor loading limits of the Building as specified for the Base Building Work under Exhibit B-2. The Construction Documents shall comply with Landlord’s reasonable requirements for the uniform exterior appearance of the Building. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with respect applicable Legal Requirements or building codes, or coordination or compatibility with any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to any the Building, all of which shall be the sole responsibility of Tenant. Tenant shall reimburse Landlord for all reasonable out-of-pocket third-party expenses incurred by Landlord in reviewing the Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), coordinating and shall not affect inspecting Tenant’s responsibility work hereunder, estimates for the same. The Finish Work which Landlord shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within provide upon Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsrequest.

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights thereunder and containing the written consent of Tenant's general contractor to such assignment, (c) a copy of the architect's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights under said architect's contract and containing the written consent of Tenant's architect to approval such assignment, and (e) a list of plans. Landlord shall review all subcontractors and approve, or disapprove by written notice in sufficient detail for Tenant materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein. If Landlord disapproves the proposed construction contract or the proposed architect's contract for the Tenant Improvements, then Landlord's notice shall specify all changes that must be made to the proposed architect's and/or contractor's agreements as a condition of Landlord's approval thereof. Within five (5) business days following receipt of Landlord's notice of disapproval, Tenant shall deliver to Landlord revised copies of the proposed architect's and/or contractor's agreements, which revised copies shall incorporate all changes specified in Landlord's notice of disapproval. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsIn addition, inspectionsLandlord may condition its approval of a general contractor upon Tenant obtaining a performance bond and labor and materials payment bond, each in an amount equal to one hundred percent (100%) of the estimated cost of the Tenant Improvements and requirements in a form acceptable to Landlord, in the event Landlord determines that such bonds are necessary to ensure lien-free completion of Landlord with respect the Tenant Improvements. Landlord's failure to any Construction Documents and Finish Work shall be for Landlord’s benefit onlydisapprove a contractor, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or materials supplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. No Tenant Work shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, consistent, final construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to "Construction Documents") approved in advance by Landlord in connection therewithwriting, together with the Concept Plan, which approval shall not be referred to collectively herein as the “Construction Documents”)unreasonably withheld or delayed. All The Construction Documents shall comply with Applicable Laws be prepared by an architect ("Tenant's Architect") experienced in the construction of tenant space improvements in buildings in the greater Boston" area and with the drawing format and specifications provided approved by LandlordLandlord in writing, and which approval shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord’s third party plan review fees. Tenant shall deliver the following to , even if Tenant's architect has been otherwise engaged by Landlord in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Building. The Construction Documents shall set forth in reasonable detail the requirements for construction of the Tenant Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), shall be based on fully coordinated with one another and with field conditions as they exist in the approved Concept Plan Premises and elsewhere in the Building, and shall show all work necessary to complete the Tenant Work, including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. Submission of the Construction Documents to Landlord for all shall be deemed a determination by Tenant's Architect exercised reasonably, jointly an severally, that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations and building codes, (ii) does not materially and adversely affect any structural component of the Building (including, without Limitation, exterior walls, exterior windows, core walls, roofs or floor slabs) (iii) is compatible with the electrical and mechanical components and systems of the building, (iv) does not affect any space in the Building other than the premises (including the exterior of the Building), and (v) conforms to floor loading limits. Landlord's approval of Construction Documents shall only signify Landlord's consent to the Tenant Work shown thereon and shall not deviate therefrom result in any material respect without Landlord’s approvalresponsibility of Landlord concerning compliance of the Tenant Work with laws, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approveregulations, or disapprove by written notice in sufficient detail for Tenant to be able to replycodes, within ten (10) business days following the proper submission coordination of any Construction Documents. In aspect of the event that Landlord does not approve Tenant work with any other aspect of the Tenant Work or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofany component or system of the Building, then or the feasibility of constructing the Tenant may send a second notice Work without damage or harm to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andthe Building, if Landlord fails to approve or disapprove all of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements sole responsibility of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for Commencement Unless the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Contracting Authority agrees otherwise in writing, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents Stage will begin upon the completion of the activities described in questionArticle 4. All approvalsGeneral Requirements In addition to performing those services required to comply with Sections 5.3 through 5.5, inspectionsduring the Construction Documents Stage, the A/E shall: advise the Contracting Authority and Owner in writing if at any time it appears that the Project Schedule or Construction Budget may be exceeded and make recommendations for corrective action; meet with the Contracting Authority and Owner at intervals acceptable to the Contracting Authority and Owner, to review Drawings and other documents which depict the current status of the Construction Documents Stage of the Project; update and re-issue the Project Schedule as necessary to keep the Contracting Authority and Owner apprised of the schedule’s current status; develop, prepare, and compile all forms and information needed to properly bid and complete the Project; refine the analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical portions of the Work; make recommendations to the Contracting Authority and Owner, for actions designed to minimize adverse effects of labor shortages; file documents required for approvals of governmental authorities with jurisdiction over the Project; and provide recommendations on value engineering, constructability, logistics, site use and improvements, availability and suitability of materials, equipment, labor and systems, long-lead items, safety and security plans, quality control, time requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent)construction, and factors related to the cost of the Project including costs of alternative designs or materials, preliminary budgets and possible economies. During the A/E’s completion of the Construction Documents: The A/E shall not affect Tenant’s responsibility verify that the Drawings and Specifications include requirements and assignment of responsibilities for safety precautions and programs and for temporary facilities for common use of the sameA/E and Contractor. The Finish Work A/E shall mean prepare the work shown on Drawings and Specifications to encourage competition except where otherwise required to comply with the finalApproved Program of Requirements. The A/E shall identify areas that the A/E recognizes as having incomplete documentation and uncoordinated multi-discipline Work. With the prior written consent of the Owner, approved the A/E shall develop and include Alternates in the Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant shall cause prepare, at Tenant’s Architect expense (subject to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for reimbursement from the Finish Work in accordance with Allowance and, if applicable, the provisions of this Exhibit 3.1 Supplemental Allowance), complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”) for the initial improvements to the Premises necessary to make the Premises ready for Tenant’s occupancy (the “Finish Work;” together with the Base Building Work, the “Landlord Work”). All The Construction Documents shall comply with Applicable Laws and be reasonably consistent with the drawing format fit plan attached as Attachment 3 to this Exhibit 7.02 (the “Fit Plan”) and the plans and specifications provided then previously approved by Landlord, as further set forth below. The Finish Work does not include the installation of Tenant’s decorations, data and telecommunications cabling, movable furnishings, business fixtures and equipment (collectively, the “FF&E Work”). Notwithstanding the foregoing or anything to the contrary in this Lease, Tenant may elect to not initially design or construct Finish Work for Tenant to occupy a limited portion of the Premises located on one floor and not exceeding 40,000 rentable square feet in the aggregate of the Premises, excluding the Converted Office Space as defined in Section 26.01 (the “Unfinished Space”) provided such Unfinished Space shall initially be left in such condition that it is at least sufficient to receive a certificate of occupancy for the Premises. To the extent that Tenant elects to have Unfinished Space, (a) $105 per rentable square foot of the Unfinished Space of the Finish Work Allowance and Supplemental Allowance (allocated on a 50/50 basis between the Finish Work Allowance and Supplemental Allowance) shall be available only for use with the Unfinished Space (and therefore unavailable for application to the remainder of the Premises), but in any event subject to the Allowance Expiration Date in Section 2.02 of Exhibit 7.02, and (b) tenant improvements within the Unfinished Space shall be excluded from the Landlord Work and not deemed a condition to Substantial Completion. At all times, Tenant will act promptly (and in any case within seven (7) business days following delivery of notice from Landlord unless expressly provided otherwise herein) on any construction-related questions or matters, including final color approvals and substitutions. In furtherance of the foregoing, Tenant shall prepare and deliver to Landlord plans and specifications for the Finish Work reasonably consistent with the Fit Plan and all plans and specifications then previously approved by Landlord, if any, for Landlord’s review and approval, pursuant to the Tenant Deadlines as set forth on Attachment 4. If Tenant does not meet the Tenant Deadline for submission of final Construction Documents by the date set forth on Attachment 4, which such approval not to be unreasonably withheld or delayed. Tenant Deadline shall be responsible subject to extension for Landlord’s third party plan review fees. Tenant shall deliver Landlord Delay and events described in Section 20.14 (it being agreed that the following to time for Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days performance of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents Landlord Work shall be based similarly extended on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail a day for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event day basis for each day that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice obligation to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved deliver the Construction Documents is extended on account of events described in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consentSection 20.14), and shall not affect Tenant’s responsibility for then, in addition to the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, right to claim Tenant Delay as affected by any approved Finish Work Change Orders (as defined further provided in Section 20.11 below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.:

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program As additional security for the entire Premises that obligations secured by the Mortgage, the Borrower hereby transfers and collaterally assigns to the Lender all of the Borrower's right, title and interest in and to the Construction Documents (solely to the extent such assignment is consistent with first class office and laboratory use (permitted under the “Concept Plan”Construction Documents), schematic design drawingsand all copies thereof, design development drawingssubject to the limitations on the Lender's responsibility as hereinafter set forth; Anything herein contained to the contrary notwithstanding, and construction documents for (A) the Finish Work Borrower shall remain liable under the Construction Documents to perform all of the Borrower's obligations thereunder in accordance with and pursuant to the terms and provisions of this Exhibit 3.1 and Article 8 thereof, (B) the obligations of the Lease (such plansBorrower under the Construction Documents may be performed by the Lender or its assignee without releasing the Borrower therefrom and without resulting in any assumption of said obligations by the Lender or its assignee, and (C) the Lender shall have no obligation or liability under the Construction Documents by reason of or arising out of the assignment contained in this Agreement, nor shall the Lender be required or obligated in any interim plans submitted manner to Landlord in connection therewithperform or fulfill any obligations of the Borrower under or pursuant to the Construction Documents including, together with without limitation, the Concept PlanBorrower's obligation to pay the General Contractor; and The Lender is irrevocably and unconditionally authorized to take, shall be referred to collectively herein and the Borrower irrevocably and unconditionally appoints the Lender as the “Construction Documents”attorney-in-fact of the Borrower, with full power of substitution and of revocation, to take, upon the occurrence or existence of an Event of Default (following any agreed upon cure periods). All , in the name of the Borrower or otherwise at the sole option of the Lender, each action relating to the Construction Documents shall comply with Applicable Laws that, subject to this Agreement, the Borrower could take in the same manner, to the same extent and with the drawing format same effect as if the Borrower were to take such action. Such power of attorney is coupled with an interest in favor of the Lender. Without limiting the generality of the first sentence of this subsection, pursuant to such authorization and specifications provided by Landlordas such attorney-in-fact, the Lender may, in the name of the Borrower or otherwise at the sole option of the Lender (A) make, execute, complete and deliver to the General Contractor and the Architect all such documents as the Lender shall reasonably consider necessary or appropriate to complete the construction of the Improvements under the Construction Documents, (B) make all payments to the General Contractor as the Lender shall reasonably consider necessary or appropriate under the Construction Documents, (C) file any claims or take any actions or institute any proceedings which the Lender may deem to be reasonably necessary or appropriate in connection with the Construction Documents, and shall be subject to Landlord’s review (D) generally, do, execute and approvalperform any other act, such approval not matter or thing whatsoever that, in the good faith opinion of the Lender, ought to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord done, executed and performed in accordance connection with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (fully as defined below), and shall include all work the Borrower could do in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemssuch situation.

Construction Documents. No Tenant Work, other than Decorative Work, shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Before commencing any Tenant Work requiring Landlord’s approval under Section 5.1.1, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld withheld, conditioned, or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail respond to any such request for Tenant to be able to reply, within approval which explicitly specifies the ten (10) business days following the proper submission day required response period and identifies Section 5.1.2 of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents this Lease, within ten (10) business days after receipt thereofof such request complying with the requirements of this Section 5.1.2, then Tenant may send a second notice and failure to Landlord respond with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE consent (5whether or not qualified) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” andor denial of consent within the aforesaid time period shall, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second noticeunder this circumstance, then Landlord be deemed consent by Landlord. The Construction Documents shall be deemed to have approved prepared by an architect (“Tenant’s Architect”) experienced in the Construction Documents construction of tenant space improvements in question. All approvals, inspectionscomparable buildings in the area where the Premises are located, and requirements of Landlord with respect to if such Work will affect any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material Core Building Systems or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building, the identity of such Architect shall be approved by Landlord in advance, such approval not to be unreasonably withheld. Tenant shall be solely responsible for the liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s Architect has been otherwise engaged by Landlord in connection with the Building). The Construction Documents shall set forth in reasonable detail the requirements for construction of the Tenant Work and shall show all work necessary to complete the Tenant Work including all cutting, fitting, and patching and all connections to the mechanical, electrical, and plumbing systems and components of the Building. Submission of the Construction Documents to Landlord for approval shall be deemed a warranty that all Tenant Work described in the Construction Documents (i) complies with all applicable laws, regulations and building codes, (ii) does not adversely affect any structural component of the Building (including exterior walls, exterior windows, core walls, roofs or floor slabs), (iii) is compatible with and does not adversely affect the Core Building Systems, (iv) does not adversely affect any property other than the Premises, and (v) conforms to floor loading limits specified by Landlord in Exhibit A-1. Subject to Tenant’s rights under paragraph C.4 of Exhibit C, the Construction Documents shall comply with Landlord’s reasonable requirements for the uniform exterior appearance of the Building, including without limitation the use of Building systemsstandard window blinds and cool white light fixtures within 15 feet of each exterior window. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not result in any responsibility of Landlord concerning compliance of the Tenant Work with laws, regulations, or codes, or coordination or compatibility with any component or system of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility of Tenant. Within ninety (90) days after substantial completion of any Tenant Work for which Construction Documents were required to be prepared under this Section 5.1.2, whether or not the same costs less than the Tenant Work Threshold Amount or otherwise requires Landlord’s approval, Tenant shall furnish to Landlord “as built” plans showing such Tenant Work.

Construction Documents. No Tenant Work, other than Cosmetic Work, shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work be effected except in accordance with the provisions of this Exhibit 3.1 complete, coordinated construction drawings and Article 8 of the Lease specifications (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)) prepared in accordance with Exhibit H attached hereto. All Before commencing any Tenant Work requiring Landlord’s approval hereunder, Tenant shall obtain Landlord’s prior written approval of the Construction Documents for such work, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall be given a reasonable opportunity to consult with Tenant and review plans for any work under this Lease requiring Landlord’s consent as they are being prepared. The Construction Documents shall comply with Applicable Laws be prepared by an architect (“Tenant’s Architect”) registered in the Commonwealth of Massachusetts and with experienced in the drawing format construction of tenant space improvements in comparable buildings in the area where the Premises are located and, if the value of such Tenant Work will equal or exceed the Tenant Work Threshold Amount or will affect any Building System, the identity of Tenant’s Architect (and specifications provided by Landlord, and also engineers if such work will affect any Building System) shall be subject to Landlord’s review and approvalapproved by Landlord in advance, such approval not to be unreasonably withheld withheld, conditioned or delayed. Tenant shall be solely responsible for Landlordthe liabilities associated with and expenses of all architectural and engineering services relating to Tenant Work and for the adequacy, accuracy, and completeness of the Construction Documents even if approved by Landlord (and even if Tenant’s third party plan review fees. Tenant shall deliver the following to Architect has been otherwise engaged by Landlord in accordance connection with the following schedule (Base Building Work or the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Initial Tenant Work). The Construction Documents shall set forth in detail the requirements for construction of the Tenant Work and shall show all work necessary to complete the Tenant Work, including all cutting, fitting, and patching and all connections to the mechanical, electrical, and plumbing systems and components of the Building. Submission of the Construction Documents to Landlord for approval shall be based deemed a warranty by Tenant that all Tenant Work described in the Construction Documents (i) complies with all applicable Legal Requirements, (ii) does not materially adversely affect any structural component of the Building, (iii) is compatible with and does not materially adversely affect the Building Systems, (iv) does not affect any property other than the Premises, (v) conforms to floor loading limits specified by Landlord, and (vi) with respect to all materials, equipment and special designs, processes or products, does not infringe on any patent or other proprietary rights of others. The Construction Documents shall comply with Landlord’s requirements for the approved Concept Plan uniform exterior appearance of the Building, including the use of Building standard window blinds and Building standard light fixtures. Landlord’s approval of Construction Documents shall signify only Landlord’s consent to the Tenant Work shown and shall not deviate therefrom result in any responsibility of Landlord concerning compliance of the Tenant Work with any Legal Requirements, or coordination or compatibility with any Building System or component thereof or of the Building, or the feasibility of constructing the Tenant Work without damage or harm to the Building, all of which shall be the sole responsibility of Tenant. Landlord hereby represents to Tenant that the Base Building Work performed prior to the date of this Lease complies in all material respect without respects with all applicable Legal Requirements. If, as a result of any Tenant Work performed or proposed to be performed by Tenant, Landlord is or will be obligated to comply with any Legal Requirement (including the Americans With Disabilities Act) which was not previously applicable to the Premises or the Building (or which was previously applicable in a different manner or to a different extent), and such compliance requires Landlord to make any improvement or alteration to any portion of the Building or the Property, then (i) when Landlord makes such determination prior to the performance of such Tenant Work, as a condition to Landlord’s approvalconsent, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approvehave the right to require Tenant to pay to Landlord prior to the performance of such Tenant Work, the entire cost of any improvement or alteration Landlord is obligated to complete by such Legal Requirement, or disapprove by written notice in sufficient detail for (ii) when Landlord makes such determination after such Tenant Work has commenced (regardless of whether or not the same has been completed), Tenant shall pay to be able to replyLandlord, as Additional Rent, within ten (10) business days following of demand therefor by Landlord, the proper submission entire cost of any Construction Documents. In the event that improvement or alteration Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice is obligated to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove complete by reason of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsLegal Requirement.

Construction Documents. Tenant (a) No default has occurred and is continuing under any Construction Document; and (b) promptly after mutual execution and delivery thereof, the Borrower shall cause Tenanthave delivered a copy of the following materials to each of the Construction Consultant and the Administrative Agent: (i) each Construction Document entered into between (1) the Borrower and the Contractor, and (2) the Contractor and any Subcontractor with a contract price (or expected aggregate amount to be paid in the case of “cost plus” contracts) in excess of $2,500; (ii) each Payment and Performance Bond required pursuant to Section 4.9; and (iii) any Licenses and Permits first obtained subsequent to the last Disbursement (if any). Unincorporated Materials. Delivery to the Administrative Agent and the Construction Consultant of a written inventory in the form of Appendix VIII to the Borrower’s Architect Disbursement Request identifying all materials, machinery, fixtures, furniture, equipment or other items purchased or manufactured for incorporation into the Miami Jai-Alai Facility but which, at the time of the Disbursement Request, (i) are not located at the site of the Miami Jai-Alai Facility and for which the Borrower has paid or intends to prepare pay with the proceeds of the Disbursement Request all or a concept plan and program for portion of the entire Premises that is consistent with first class office and laboratory use purchase price, or (ii) are located at the site of the Miami Jai-Alai Facility but are not expected to be incorporated into the Miami Jai-Alai Facility within thirty (30) days after such Disbursement Request (such materials, the “Concept PlanUnincorporated Materials”), schematic design drawings, design development drawings, ) and construction documents for including the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewithvalue thereof, together with evidence reasonably satisfactory to the Concept Plan, shall be referred to collectively herein as Construction Consultant and the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver Administrative Agent that the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 conditions have been satisfied with respect to approval such Unincorporated Materials: all Unincorporated Materials for which full payment has previously been made or is being made with the proceeds of plans. Landlord shall review and approvethe Disbursement to be disbursed are, or disapprove will be upon full payment, owned by written notice in sufficient detail for Tenant the Borrower, as evidenced by the bills of sale, certificates of title or other evidence reasonably satisfactory to the Construction Consultant, and all Lien rights or claims of the supplier has been or will be released simultaneously with such full payment and all amounts, if any, required to be able paid to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord supplier thereof with respect to the installation of such Unincorporated Materials (including any Construction Documents Retainage Amounts); the Borrower believes that the Unincorporated Materials consist of fabricated or unfabricated components that conform to the Plans and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), Specifications and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown that will be within Tenant’s reasonable discretion if ready for incorporation into the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.Miami Jai-Alai Facility upon delivery thereof;