Common use of Punch List Clause in Contracts

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion Upon notification from the Contractor that the Hotel is Substantially Completed and ready for inspection, Seller shall prepare a “punch list” with the assistance of Landlord’ s Expansion Space Work, Tenant the Architect and the Franchisor. Seller acknowledges that final acceptance of the work on the Hotel shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, be made only with the approval of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list")Franchisor. If Landlord objects to any portion A copy of the Punch list, Landlord List shall notify Tenantbe submitted to Buyer for its review and comments. If not, Landlord shall diligently complete The costs of completing the Punch list items List Items that are not completed as of the date of Closing, as reasonably estimated by the Seller with the approval of Buyer, such approval not to be unreasonably withheld, plus fifty percent (50%) of such costs, shall be held by Escrow Agent pursuant to a holdback agreement and if Landlord fails shall be disbursed to diligently pursue completion Seller only upon Buyer’s reasonable determination that all of the Punch list items approved by Landlord List Items have been satisfactorily completed. Seller shall correct or complete all Punch List Items, or cause the same to be corrected or completed, at Seller’s expense, with all diligence and in any event within 90 ninety (90) days after delivery Substantial Completion of the Punch list Hotel or the Closing on the Hotel, whichever is later. Pre-Opening Program. It is contemplated that certain activities, as determined by the Management Company, must be undertaken prior to Landlord the Closing Date so that the Hotel can function in an orderly and Landlord's acceptance thereof, Tenant businesslike manner at the Effective Time (“Pre-Opening Program”). Seller shall issue cooperate in good faith with the Pre-Opening Program and shall provide the Franchisor and Buyer reasonable access to Landlord written notice the Property in advance of such failure and if Landlord fails the Closing in order to diligently pursue completion conduct their activities related to the Pre-Opening Program; provided that the Pre-Opening Program shall not be permitted to interfere with or delay the activities of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord Seller in completing the Hotel. Seller shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved in a timely manner all costs associated with the Pre-Opening Program or otherwise related to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion pre-opening operations of the Premises Property up to building standardbut not including the Effective Time, regardless of when such costs are payable (the “Pre-Opening Costs”). 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 Prior to the Closing, Purchaser agrees to participate in a walk-through of the Unit ("Walk-Through") with Seller's representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection ("Walk-Through List"), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk-Through List, or to have Purchaser's designee do so on Purchaser's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser's behalf before the Closing, or, at Purchaser's election, Purchaser may waive, in writing, Purchaser's right to participate in the inspection. Items of uncompleted construction, which do not materially affect occupancy, shall not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will use commercially reasonable efforts to cause its contractors to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion preparation of the Punch listWalk-Through List or sixty (60) working days after the date of Closing, Landlord shall notify Tenantsubject to Force Majeure. If notPurchaser understands and agrees that paving, Landlord shall diligently complete the Punch list items exterior cement work, landscaping, final exterior finish and if Landlord fails to diligently pursue completion some components of the Punch list items approved by Landlord within 90 days after delivery Project may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser’s refusal to close this transaction due to the Punch list need for reasonable further work (to Landlord and Landlord's acceptance thereof, Tenant shall issue be noted on the Walk-Through List with respect to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break roomthe Unit) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintconstitute a default by Purchaser under this Agreement. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (Promptly following the "Punch list"). If Landlord objects to any portion Substantial Completion of the Punch listImprovements, a representative of Tenant and a representative of Landlord and/or the Architect shall perform a joint walk-through inspection of the Improvements in the Premises to identify any “punchlist” items of known or apparent deficiencies or incomplete work required to be corrected or completed by Landlord pursuant to the Approved Working Drawings, which items Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within repair or correct no later than thirty (30) days thereafter, Tenant may complete any after the date of such Punch list items and walk-through (unless the nature of such repair or correction is such that more than thirty (30) days are required for completion, in which case, Landlord shall pay commence such repair or correction work within such thirty (30) day period and diligently prosecute the same to completion). A. Within ten (10) business days following the full execution and delivery of this Lease by Landlord and Tenant any reasonable , actual and documented amounts incurred Final Space Plan to be completed by Tenant within 30 and delivered to Landlord. B. Five (5) business days after proof the receipt of paymentthe Cost Proposal by Tenant Tenant to approve Revised Cost Proposal and deliver Revised Cost Proposal to Landlord. C. Five (5) business days after the receipt of the Revised Cost Proposal by Tenant.  Tenant to approve Revised Cost Proposal and deliver Revised Cost Proposal to Landlord’s Refurbishment Work . To: Re: Office Lease dated , between , a (“Landlord”), and , a (“Tenant”) concerning Suite on floor(s) of the office building located at , , California. Gentlemen: In accordance with the Office Lease (the “Lease”), we wish to advise you and/or confirm as follows: 1. Building 755 restrooms (located across from Tenant's break room) The Lease Term shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintcommence on or has commenced on for a term of ending on . 2. Building 755 - Additional restrooms will be provided for Rent commenced to accrue on , in the production area portion amount of the Premises to building standard. 3. Break room portion If the Lease Commencement Date is other than the first day of the Premises located month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standardthe Lease. 4. Landlord will install new interior signage Your rent checks should be made payable to at . 5. The exact number of rentable/usable square feet within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Workthe Premises is square feet.

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space WorkIn addition to and notwithstanding anything to the contrary in Paragraph 6.A above, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth “punch list” pertaining to defects in the Tenant Improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible after timely receipt of the punch list, Landlord (or one of Landlord’s representatives if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed for Tenant by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all “punch list” items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opiniondiscretion, of any not to repair such uncompleted portions of item(s), but to acknowledge in written form the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (“Acceptance and Surrender”), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted in writing by Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord’s expense, the “punch list” items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant’s obligation to pay Rent thereunder being affected. Landlord’s obligations under this Paragraph 6.C shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in ---------- Paragraphs 5 and 40 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, Landlord, or one of Landlord's representatives (if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed for Tenant by Landlord. After such inspection has been completed, Landlord shall prepare, mid both parties shall sign, a list of all "punch list" items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of Landlord's Expansion Space Work item(s), but to acknowledge in written form the defect and/or damaged item(s):in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (the "Punch listAcceptance and Surrender"), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted by Landlord. If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect in the structure or Building that does not endanger the structural integrity of the building, or which is not life- threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 5 and 40 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, Landlord, or one of Landlord's representatives (if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of Landlord's Expansion Space Work item(s), but to acknowledge in written form the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (the "Punch listAcceptance and Surrender"), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted by Landlord. If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect in the structure or Building that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of paymentthis Lease.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion This Space Work.Left Blank Intentionally)

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion Upon Substantial Completion of the Punch listTenant Improvements, Landlord shall notify Tenantprovide written notice to Tenant of the Substantial Completion of the Tenant Improvements and Landlord and Tenant within five (5) business days after receiving such notice will inspect the Premises and develop a mutually agreed upon “punch list” of any Tenant Improvement items which were either not properly completed or are in need of repair. If not, Landlord shall diligently complete the Punch list items must be of a scope and if Landlord fails to diligently pursue completion nature that will cause no material interference with Tenant’s use and occupancy of the Punch list items approved by Landlord within 90 days after delivery Premises and Tenant may reject any tender of the Punch Premises as not achieving Substantially Completion if any deficiencies or uncompleted work will cause material interference with Tenant’s use and occupancy of the Premises. Landlord will complete (or repair, as the case may be) the items listed on the punch list with commercially reasonable diligence and speed; provided, however, that Landlord shall use commercially reasonable efforts to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch complete all punch list items within thirty (30) days thereafterfollowing receipt of the mutually agreed upon punch list. If Landlord fails to initiate the completion of any punch list item within such thirty (30) day period and diligently pursue the completion thereof, Tenant may complete any such punch list item at Landlord’s expense if Landlord fails to complete any such punch list item within ten (10) days after Landlord’s receipt of such Punch a written notice from Tenant identifying the incomplete punch list items and stating that Tenant will complete such punch list items at Landlord’s expense if not completed by Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 ten (10) days after proof of payment.  Landlord’s Refurbishment Work  1receipt of such notice. Building 755 restrooms (located across from Tenant's break room) shall be improved If Tenant does not inspect the Premises with Landlord as reasonably requested by Landlord prior to building standard with new tilesor upon Substantial Completion, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms Tenant will be provided for the production area portion of deemed to have accepted the Premises as delivered, subject to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling any punch list items Landlord develops and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Workrights under Section 17.15.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary ---------- in Paragraphs 7 ("Tenant Maintenance") and 40 ("'As-Is' Basis") of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, in its reasonable opinionLandlord, of any such uncompleted portions or one of Landlord's Expansion Space Work representatives (the "Punch list"if so approved by Landlord). If Landlord objects to any portion , and Tenant shall conduct a joint walk-through of the Punch listPremises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall notify prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises). If not, Landlord shall have thirty (30) days thereafter (or longer if necessary, provided Landlord is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial Upon Substantial Completion (as defined below) of the Work, LESSOR shall request the HCA Facilities Operations Manager’s approval and acceptance of such Work, which approval will not be unreasonably withheld or delayed. Said approval shall be manifested by a letter from the HCA Facilities Operations Manager (“HCA Letter”), and may be subject to completion of Landlord’ s Expansion Space Work, Tenant items on a “punch list,” which shall furnish be generated by COUNTY and included in the HCA Letter. COUNTY shall not be required to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (send the "Punch list"). If Landlord objects to any portion HCA Letter until COUNTY is satisfied that all of the Punch Work has reached Substantial Completion (other than punch list items, if any) pursuant to this Lease in COUNTY’s sole but reasonable discretion. As used in this Clause 28 (D), “Substantial Completion” means that the Work shall have been completed in accordance with the provisions of this Lease and any mutually approved plans and specifications, such that the Premises may continue to be occupied by COUNTY for the intended purposes subject to “punch list” items, if any. In the event COUNTY’s approval and acceptance of the Work is given along with a punch list, Landlord XXXXXX shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch all punch list items within thirty twenty-one (3021) working days thereafterfollowing receipt of the HCA Letter. Should the items on the punch list not be completed within twenty-one (21) working days other than as a result of actions (or inactions) of COUNTY, Tenant may complete any LESSOR shall be obligated to pay a penalty to COUNTY of such Punch One Hundred Ten ($110) per day for the period from the Completion Date through the date that all punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and painthave been completed. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 Not less than five (5) days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish prior to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion Substantial Completion of the Punch listImprovements, Landlord shall notify Tenant of a time and date for inspection of the Improvements. Following Tenant's receipt of Landlord's notice of a time and date for inspection of the Improvements, Tenant and Tenant's Architect shall participate with Architect and Landlord in such inspection, and Architect shall consult with Tenant's Architect regarding the date of Substantial Completion and regarding the development by Architect of a "Punch List" of items that are not yet completed; provided, however, that Architect's determination of Substantial Completion and the Punch List shall be conclusive. If notTenant shall cause Tenant's Architect to cooperate with Architect in developing the Punch List. Tenant agrees that, at the request of Landlord from time to time, Tenant shall initial such Punch List or execute revised Punch Lists to reflect partial completion of prior Punch List items. Landlord shall diligently complete as soon as reasonably possible any items of work and adjustment not completed on the date of Substantial Completion, and in connection therewith, Landlord may enter into the Building to complete same. Tenant may complete any Punch List items not completed within ninety (90) days after date of Substantial Completion unless Landlord's failure to complete such items was due to Landlord's or contractor's inability to obtain required materials, Force Majeure Delays or Tenant Delays, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant in completing the Punch list List items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items in accordance with this Section within thirty (30) days thereafter, Tenant may complete any after receipt of Tenant's invoice for such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts costs. Any costs incurred by Tenant within 30 days after proof to complete the Punch List shall be included in the Costs of paymentthe Improvements.  Such entry by Landlord’s Refurbishment Work  1, its agents, employees, contractors or representatives for such purpose shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Base Rent or Rent Adjustments, or relieve Tenant from any of its obligations hereunder, or impose any other liability, on Landlord, its agents, employees, contractors or representatives. As used herein, "Substantial Completion" means (i) for the Base Building 755 restrooms Work, the date certified by the architect as the date on which the Base Building Improvements are substantially complete and (located across from ii) for each Office Space Phase described in Exhibit G, the date certified by the Architect as the date on which the Improvements for such Office Space Phase are substantially complete so Tenant can occupy the Office Space Phase for its normal business activity, except for normal Punch List items not unreasonably interfering with Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion use of the Premises to building standardOffice Space Phase and the mechanical, electrical, plumbing, heating, ventilation and air conditioning systems serving the Office Space Phase are in good working order. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 5 ("Acceptance and Surrender of Landlord’ s Expansion Space WorkPremises") and 40 ("'As-Is' Basis") of this Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth Tenant' s schedule "punch list" pertaining to defects in the interior improvements. As soon as reasonably possible thereafter, in its reasonable opinionLandlord, of any such uncompleted portions or one of Landlord's Expansion Space Work representatives (the "Punch list"if so approved by Landlord). If Landlord objects to any portion , and Tenant shall conduct a joint walk-through of the Punch listPremises (if Landlord so requires), and inspect such interior improvements, using their best efforts to agree on the incomplete or defective construction related to the interior improvements installed by Landlord. After such inspection has been completed, Landlord shall notify prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises). If not, Landlord shall have thirty (30) days thereafter (or longer if necessary, provided Landlord is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 8 and 45 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have fifteen (15) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, in its reasonable opinionLandlord, of any such uncompleted portions or one of Landlord's Expansion Space Work representatives (the "Punch list"if so approved by Landlord). If Landlord objects to any portion , and Tenant shall conduct a joint walk-through of the Punch listPremises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall notify prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises). If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within have thirty (30) days thereafterthereafter (or longer if necessary, provided Landlord is diligently pursuing the completion of the same) to complete, at Landlord's expense, the "punch list" items without the Commencement Date of the Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant may complete shall fail to give any of such Punch list items and notice to Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 fifteen (15) days after proof the Commencement Date of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in ---------- Paragraphs 5 and 40 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, Landlord, or one of Landlord's representatives (if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of Landlord's Expansion Space Work item(s), but to acknowledge in written feral the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (the "Punch listAcceptance and Surrender"), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted by Landlord. If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect in the structure or Building that does not endanger the structural integrity of the building, or which is not life- threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion If, as a result of the final joint inspection of Landlord’ s Expansion Space Work’s TI Work as described in Section 8 above, Tenant discovers deviations or variations from the Approved Plans, or items which are incomplete, defective or in need of repair or replacement, of a nature commonly found on a “punch list” (as that term is used in the construction industry), Tenant shall furnish promptly notify Landlord of such items; provided, however, that in the event of a dispute, Landlord and Tenant shall negotiate in good faith, using their reasonable discretion, to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list")determine which items constitute punch list items. If the parties cannot agree, the matter shall be decided by an architect mutually selected by Landlord objects to any portion of the Punch listand Tenant, whose fee shall be paid equally by Landlord shall notify and Tenant. If notafter such inspection, Landlord shall diligently complete Tenant discovers additional latent defects in Landlord’s TI Work which may still be claimed as “punch list” items with the Punch list items and if Landlord fails to diligently pursue completion contractor performing Landlord’s TI Work under the terms of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafterapplicable construction contract, Tenant may complete notify Landlord of the particular item and Landlord will use diligent efforts to cause such contractor to comply with its warranty or punch list obligations with regard thereto provided (i) Tenant shall have the burden of establishing that any punch list items discovered after the final inspection are in fact defects in construction and not items damaged by Tenant, its agents, employees, contractors and invitees, or in need of repair due to ordinary wear and tear, and (ii) Tenant’s right to claim additional punch list items shall cease on that date which is fifteen (15) days after the date of the final inspection. Except to the extent that the same would prevent Tenant from lawfully occupying, or would interfere with Tenant’s use of, the Premises, the existence of such Punch punch list items and Landlord shall not postpone the date of Substantial Completion, the Commencement Date of this Lease nor the obligation of Tenant to pay Tenant Rent, additional rent or any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4other charges due under this Lease. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Workcause its contractor(s) to correct the items noted on the punch list promptly thereafter.

Punch List. Within 60 Prior to the Closing, Xxxxxxxxx agrees to participate in a walk- through of the Unit ("Walk-Through") with Seller's representative in order to compile a list ofitems the parties mutually agree need correction, which are apparent at the time of inspection ("Walk- Through List"), which Walk-Through List shall be signed by both Purchaser and Seller. IfPurchaser fails or refuses to complete the Walk-Through or to sign the Walk-Through List, or to have Purchaser's designee do so on Purchaser's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser's behalf before the Closing, or, at Purchaser's election, Purchaser may waive, in writing, Purchaser's right to participate in the inspection. Items of uncompleted construction, which do not materially affect occupancy, shall not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will use commercially reasonable efforts to cause its contractors to complete the items on the Walk-Through List at Seller's expense within the later to occur of sixty (60) working days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion preparation of the Punch listWalk-Through List or sixty (60) working days after the date of Closing, Landlord shall notify Tenantsubject to Force Majeure. If notXxxxxxxxx understands and agrees that paving, Landlord shall diligently complete the Punch list items exterior cement work, landscaping, final exterior finish and if Landlord fails to diligently pursue completion some components of the Punch list items approved by Landlord within 90 days after delivery Project may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser's refusal to close this transaction due to the Punch list need for reasonable further work (to Landlord and Landlord's acceptance thereof, Tenant shall issue be noted on the Walk-Through List with respect to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break roomthe Unit) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintconstitute a default by Purchaser under this Agreement. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in ---------- Paragraphs 10 and 45 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, Landlord, or one of Landlord's representatives (if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of Landlord's Expansion Space Work item(s), but to acknowledge in written form the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 8 (the "Punch listAcceptance and Surrender"), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted by Landlord. If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect in the structure or Building that does not endanger the structural integrity of the building, or which is not life- threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space WorkIn addition to and notwithstanding anything to the contrary in Paragraph 1.A above, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within have thirty (30) days after the Effective Date to provide Landlord with a written “punch list” pertaining to defects in the Tenant Improvements completed by Landlord for Tenant as referenced in Paragraph 1.A above. As soon as reasonably possible thereafter, Landlord (or one of Landlord’s representatives if so approved by Landlord), and Tenant may complete any shall conduct a joint walk-through of the Increased Premises (if Landlord so requires), and inspect such Punch list items and Tenant Improvements, using their best efforts to agree on the incomplete or defective installation related to the Tenant Improvements installed for Tenant by Landlord. After such inspection has been completed, Landlord shall pay Tenant any reasonable prepare, actual and documented amounts incurred by Tenant within 30 days after proof both parties shall sign, a list of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms all “punch list” items which the parties reasonably agree are (located across from Tenant's break roomi) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. corrected by Landlord will install new interior signage within Building 755 provided (but which shall exclude any damage or defects caused by Tenant, at its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may reasonably elect with Tenant’s costreasonable concurrence, not to repair such item(s), but to acknowledge in written form the defect and/or damaged item(s); in which installation case, notwithstanding anything to the contrary in said Lease Paragraph 5 (“Acceptance and Surrender of Premises”), Tenant shall not impact substantial completion of Landlord ' s Expansion Space Work.be responsible upon Lease Termination to repair said item(s) so noted by

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space WorkIn addition to and notwithstanding anything to the contrary in Paragraph 6.A above, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth “punch list” pertaining to defects in the Tenant Improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible after timely receipt of the punch list, Landlord (or one of Landlord’s representatives if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed for Tenant by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all “punch list” items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged item(s) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of item(s), but to acknowledge in written form the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (“Acceptance and Surrender”), Tenant shall not be responsible upon Lease Termination to repair said item(s) so noted by Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord’s expense, the “punch list” items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant’s obligation to pay Rent thereunder being affected. Landlord’s obligations under this Paragraph 6.C shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 8 ("Acceptance and Surrender of Landlord’ s Expansion Space WorkPremises") and 46 (As-Is Basis") of this Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the Building, the roof membrane, the HVAC system, and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, in its reasonable opinionLandlord, of any such uncompleted portions or one of Landlord's Expansion Space Work representatives (the "Punch list"if so approved by Landlord). If Landlord objects to any portion , and Tenant shall conduct a joint walk-through of the Punch listPremises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection as been completed, Landlord shall notify prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises). If not, Landlord shall have thirty (30) days thereafter (or longer if necessary, provided Landlord is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls that does not endanger the structural integrity of the building, or which is not life-threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 As a condition of and prior to the Architect issuing a certificate to Tenant of the Substantial Completion of the Initial Improvements (or of the Expansion Improvements by the Expansion Architect, if applicable), Landlord, ten (10) days after substantial completion of prior to the date Landlord reasonably believes the Initial Improvements (or Expansion Improvements, if applicable) will be Substantially Complete, shall so advise Tenant, in writing. Promptly following such notice, Landlord’ s Expansion Space Work, Contractor, Tenant and Architect (or the Expansion Architect in the instance of the Expansion Improvements, if applicable) shall furnish make a joint physical inspection of the Initial Improvements (or of the Expansion Improvements, if applicable) to Landlord a written statement setting forth list the items of punch list work to be completed ("Punch List Items") and the duration of time that shall be afforded to complete the same, subject to Permitted Delays. Punchlist List Items shall include minor corrective or minor incomplete items in respect to the Initial Improvements (or Expansion Improvements, if applicable). In the event Landlord, Contractor and Tenant are unable to agree on the Punch List Items or the time within which they shall be completed, the Architect's (or that of the Expansion Architect, if applicable) determination shall be binding on the Landlord, Contractor and Tenant' s schedule , which determination in respect to which items are included shall based solely on the determination of whether the item in question was constructed in substantial conformity with the Final Plans (or the Final Expansion Plans, if applicable). When the list of Punchlist List Items are determined as aforesaid, Contractor, in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion instance of the Punch listInitial Improvements, Landlord shall notify Tenant. If notand the Landlord, Landlord shall diligently complete in the Punch list items and if Landlord fails to diligently pursue completion instance of the Expansion Improvements, shall deliver, in writing, its unconditional promise to complete, subject to Permitted Delays, the applicable Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items List Items within thirty (30) days thereafter, Tenant may or such longer period of time determined as aforesaid. In the event that the Contractor fails to complete any the Punch List Items within the times determined as aforesaid, then the Tenant, following fifteen (15) days prior written notice to the Landlord, shall have the right to complete the Punch List Items and deduct from the Base Rent a sum equal to Tenant's direct, out of pocket costs incurred in completing such incomplete Punch List Items, plus an administrative fee equal to ten percent (10%) of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintcosts. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 5 and 40 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to defects in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, in its reasonable opinionLandlord, of any such uncompleted portions or one of Landlord's Expansion Space Work representatives (the "Punch list"if so approved by Landlord). If Landlord objects to any portion , and Tenant shall conduct a joint walk-through of the Punch listPremises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall notify prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises). If not, Landlord shall have thirty (30) days thereafter (or longer if necessary, provided Landlord is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of same) to complete, at Landlord's expense, the Punch list "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls that does not endanger the structural integrity of the building, or which is not life threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days Unless otherwise agreed to by Landlord and Tenant or as ---------- to any latent defects of which Tenant notifies Landlord in writing within nine (9) months after substantial completion the Commencement Date, Tenant's taking possession of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete Premises at the Punch time as the Premises are ready for occupancy will be conclusive evidence that the Premises is in good order and satisfactory condition when Tenant took possession; except as to any items requiring correction or completion identified on a punch list items prepared and if Landlord fails to diligently pursue completion of the Punch list items approved signed by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure Representative and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion Representative after an inspection of the Premises by both such parties prior to building standard. 3Tenant taking possession (the "Preliminary Punch List") and such other items as are identified on a final punch list prepared and signed by Landlord's Representative and Tenant's Representative within seven (7) business days after the Premises are delivered to Tenant for occupancy (the "Final Punch List"). Break room portion Final Punch List items shall not include items which were damaged during Tenant's move into the Premises or painting which should have been specified on the Preliminary Punch List. It is intended that the Final Punch List will be for items which Tenant could not have reasonably been expected to discover prior to moving into the Premises. Landlord's general contractor will, within 10 days after execution of each punch list, begin correction or completion of any items specified on such punch list and will complete such work in a prompt and diligent manner. Landlord will not be responsible for any items of damage caused by Tenant, its agents, independent contractors or suppliers. No promises to alter, remodel or improve the Premises or Building and no representations concerning the condition of the Premises located or Building have been made by Landlord to Tenant other than as may be expressly stated in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standardthe Lease (including this Work Letter). 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 Upon the written request of Tenant or Landlord made no later than five days after substantial completion of Landlord’ s Expansion Space Workthe Lease Commencement Date, Landlord and Tenant shall furnish to Landlord conduct a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion walk through inspection of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items Property within thirty (30) days thereafterafter the Lease Commencement Date (or such other time mutually acceptable to the parties) and reasonably agree on any “punch-list” items referred to in Section 1.06 above. Landlord agrees to exercise its reasonable efforts to complete such agreed upon punch-list items as soon as reasonably practicable after such walk through inspection, and in any event, subject to Unavoidable Delays, such punch-list items shall be completed by Landlord within forty-five (45) days after such walk through inspection by Landlord and Tenant. Subject to Unavoidable Delays, in the event that Landlord fails to complete such punch-list items within such forty-five (45) day period, Tenant may complete any of shall have the right, but not the obligation, to perform such Punch list items and work on Landlord’s account, in which event Landlord shall pay reimburse Tenant any for all reasonable , actual costs and documented amounts expenses incurred by Tenant in connection therewith within 30 thirty (30) days after proof of payment.  Landlord’s Refurbishment Work  1receipt of an invoice therefor from Tenant (failing which Tenant shall (without limiting its other rights and remedies) have the offset rights described in Section 30.02 below). Building 755 restrooms (located across from Tenant agrees to permit Landlord reasonable access to the Premises, subject to the provisions of this Lease, in order to complete any such punch-list work, and Landlord agrees to perform such punch-list work in a manner that does not unreasonably interfere with Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling ’s use and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion occupancy of the Premises to building standard. 3. Break room portion or the other portions of the Premises located Property which Tenant has the right to use hereunder. Notwithstanding the foregoing, if such punch-list work cannot reasonably be completed within the above-referenced forty-five (45) day period and the delay is not due to an Unavoidable Delay (and the failure to perform such warranty work will not result in Building 755 to be improved with paintan emergency or hazardous condition), new carpetthen as long as Landlord has commenced the punch-list work during such forty-five (45) day period, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial all times diligently pursues the completion of such work, Landlord ' s Expansion Space Workshall be given such additional time as is reasonably necessary to complete such work.

Punch List. Within 60 days after substantial completion Tenant's taking possession of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms Premises will be provided for the production area conclusive evidence that such portion of the Premises was in good order and satisfactory condition, and that all of Landlord's Work in or to building standard. 3. Break room such portion of the Premises located in Building 755 was satisfactorily completed, when Tenant took possession, except as to be improved with paint, new carpet, doors, ceiling items requiring repair or completion identified on a punch list prepared and kitchenette with small refrigerator signed by Landlord's Representative and microwave Tenant's Representative after an inspection of the Premises by both such parties made within 15 days after the Delivery Date and except as to building standard. 4any Warranty Work. Landlord will install new interior signage within Building 755 provided repair or complete all items set forth on such punch list with reasonable promptness. Landlord will not be responsible for any items of damage caused by Tenant, its agents, independent contractors or suppliers. Landlord covenants to repair or replace, at Tenant’s costLandlord's expense and as "Warranty Work," any defective item of Landlord's Work of which Tenant notifies Landlord within one year after the Delivery Date and that requires repair or replacement as a result of (i) any failure to construct the Shell in material compliance with the Shell Plans; (ii) any failure to construct the Leasehold Improvements in material compliance with the Leasehold Improvements Plans; or (iii) any defective materials or workmanship. Within 10 days after the expiration of the above-described one-year warranty period, Landlord will assign to Tenant any manufacturers' or subcontractors' warranties or guaranties that are still then in effect with respect to the Shell or the Leasehold Improvements, except for any such warranties or guaranties relating to any portions of the Premises which installation shall not impact substantial completion of Landlord ' s Expansion Space Workis required under this Lease to maintain and repair at Landlord's expense. No promises to construct, alter, remodel or improve the Premises have been made by Landlord to Tenant other than as may be expressly stated in this Lease.

Punch List. Within 60 days after When Landlord is of the opinion that the Work described in this Work Letter is complete, then the Landlord shall notify the Tenant of the date of substantial completion of Landlord’ s Expansion Space the Work, . Tenant shall agrees that following such notification Tenant will inspect the Premises at a mutually agreeable date and furnish to Landlord a written statement setting forth Tenant' s schedule , that the Premises have been substantially completed in its reasonable opinion, of any such uncompleted portions of accordance with this Work Letter. Tenant shall also execute Landlord's Expansion Space Work form of inspection report listing any items which Landlord and Tenant agree are not yet completed (the "Punch listList"). If Landlord objects to any portion of Tenant or Tenant's duly authorized representative does not appear for inspection on the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved date designated by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue be deemed to have accepted the Premises as substantially completed, and Landlord written notice or its representative may, but shall not be obligated to, execute the Punch List on behalf of such failure both Landlord and if Tenant. At the request of the Landlord, from time to time thereafter, the Tenant shall, upon completion of items previously listed on a Punch List, promptly furnish to the Landlord fails to diligently pursue a revised Punch List acknowledging completion of said item. Provided Punch list List items within thirty would not materially impair the Tenant's use or occupancy of the Premises, then, in such event, the Tenant shall accept possession of the Premises. The date which is the earlier of either (30i) days thereafterthe date upon which the Tenant accepts possession of the Premises, Tenant may or (ii) the date upon which the Premises are complete and ready for occupancy is referred to herein as the "Completion Date". The Premises shall not be deemed incomplete or not ready for occupancy if only insubstantial details of construction, decoration or mechanical adjustments remain to be done. The determination of Landlord's architect or the interior space planner for the Building shall be final and conclusive as to whether the Premises are complete and ready for occupancy. Under no circumstances shall the occurrence of any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall the events described in this paragraph be improved deemed to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for accelerate or defer the production area portion expiration date of the Premises to building standardTerm. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 ten (10) days after substantial completion of Landlord’ s Expansion Space Workthe Tenant Improvements and issuance of a certificate of occupancy, Tenant shall furnish to give Landlord a written statement setting forth Tenant' s schedule list (the “Final Punch List”) of all contended defects, if any, in its reasonable opinionLandlord’s construction work. Any and all such defects not set forth in the Final Punch List shall be conclusively deemed to be waived by Tenant. Landlord shall correct all items on the Final Punch List that constitute valid defects within forty-five (45) days after Landlord’s receipt of the Final Punch List, unless the nature of any the defect or variance is such uncompleted portions that a longer period of Landlord's Expansion time is required to repair or correct the same, in which case Landlord shall exercise due diligence in correcting such defect or variance at the earliest possible date and with a minimum of interference with the operation of Tenant. Any disagreement that may arise between Landlord and Tenant with respect to whether an item on the Final Punch List constitutes a valid defect shall be reasonably determined by Tenant’s Architect. By occupying the Additional 50 VSP Space Work (as a Tenant, Tenant shall be conclusively deemed to have accepted the "Punch list"). If Landlord objects same and to have acknowledged that the Additional 50 VSP Space is in the condition required by this Amendment, except as to any portion of defects set forth in the Final Punch listList, or as to any defects not discernible by a reasonable inspection (“Latent Defects”); provided that as to Latent Defects, Landlord shall notify Tenant. If not, have no obligation to correct Latent Defects unless Tenant shall have notified Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord same within 90 days after delivery one (1) year following the issuance of a certificate of occupancy related to the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintAdditional 50 VSP Space. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In addition to and notwithstanding anything to the contrary in Paragraphs 5 and 40 of Landlord’ s Expansion Space Workthis Lease, Tenant shall furnish have thirty (30) days after the Commencement Date to provide Landlord with a written statement setting forth "punch list" pertaining to material defects in the Building and in the interior improvements constructed by Landlord for Tenant' s schedule . As soon as reasonably possible thereafter, Landlord, or one of Landlord's representatives (if so approved by Landlord), and Tenant shall conduct a joint walk-through of the Premises (if Landlord so requires), and inspect such Tenant Improvements, using their best efforts to agree on the incomplete or defective construction related to the Tenant Improvements installed by Landlord. After such inspection has been completed, Landlord shall prepare, and both parties shall sign, a list of all "punch list" items which the parties reasonably agree are (i) to be corrected by Landlord (but which shall exclude any damage or defects caused by Tenant, its employees, agents or parties Tenant has contracted with to work on the Premises) or (ii) if said defects and/or damaged items) are not material, Landlord may elect, in its reasonable opinionsole and absolute discretion, of any not to repair such uncompleted portions of Landlord's Expansion Space Work item(s), but to acknowledge in written form the defect and/or damaged item(s); in which case, notwithstanding anything to the contrary in said Lease Paragraph 5 (the "Punch listAcceptance and Surrender"), Tenant shall not be responsible upon Lease Termination to repair said items) so noted by Landlord. If Landlord objects to any portion of the Punch list, Landlord shall notify Tenant. If nothave thirty (30) days thereafter (or longer if necessary, provided Landlord shall is diligently complete pursuing the Punch list items and if Landlord fails to diligently pursue completion of the Punch list same) to complete, at Landlord's expense, the "punch list" items approved by Landlord within 90 days after delivery without the Commencement Date of the Punch list Lease and Tenant's obligation to pay Rental thereunder being affected. Notwithstanding the foregoing, a crack in the foundation, or exterior walls or any other defect in the structure or Building that does not endanger the structural integrity of the building, or which is not life threatening, shall not be considered material, nor shall Landlord be responsible for repair of same. This Paragraph shall be of no force and effect if Tenant shall fail to give any such notice to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any after the Commencement Date of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintthis Lease. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 days after substantial completion In connection with and as a condition to the achievement of Landlord’ s Expansion Space WorkElectrical Works Completion for a particular circuit and the achievement of WTG Mechanical Completion as to each WTG, Tenant Contractor shall furnish to Landlord develop a written statement list (each, an “Interim Punch List”) setting forth Tenant' s schedule parts of the Work which remain to be performed in order to confirm that the Work fully complies with the terms of this Agreement. Contractor agrees that installation of the fiber optic cable and connection to the Project’s SCADA system is not an Interim Punch List Item. In addition to Contractor providing the Interim Punch List to Owner in accordance with this Article VI, Contractor shall also promptly provide a copy of such list to Owner upon Owner’s request. Contractor shall make such revisions to such list as and when requested by Owner from time to time. As a condition to Project Mechanical Completion, Contractor shall prepare and submit to Owner a comprehensive list (the “Punch List”) setting forth remaining Punch List Items, including any items from the Interim Punch Lists that have not been completed and also including a listing of Contractor deliverables required to be provided to Owner hereunder as a prerequisite to the achievement of Final Completion, including without limitation, Lien releases, As-Built Drawings, and other required documentation, as well as performance of Job Site clean-up and other post-construction activities, and also including Contractor’s reasonable estimate of the cost to complete each such Punch List Item. Contractor shall make such revisions to the Punch List as and when reasonably requested by Owner from time to time. The Owner shall reasonably estimate the cost to complete all items on the Punch List that have not been completed. The Parties agree that with respect to Punch List Items that remain uncompleted and which are preventing Final Completion, it may be more expedient for Owner to complete such Punch List Items, at its sole election and option. If Owner so elects, at its sole discretion, Owner may, in its reasonable opinion, lieu of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects requiring Contractor to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereofList Items, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.require

Punch List. (a) Within 60 five (5) business days after substantial completion of Landlord’ s Expansion Space WorkSubstantial Completion, Tenant shall furnish and Landlord will conduct a “walk-through” with Landlord’s general contractor to prepare a “punchlist” of any deficiencies or incomplete work regarding Landlord's Work and Tenant will accept possession of the Premises "subject to" such listed deficiencies. Landlord agrees to correct any deficiencies within a written statement setting forth Tenant' s schedule reasonable time, in its reasonable opinionfollowing which Landlord is under no further obligation to alter, change, decorate or improve the Premises, whether to adapt them for the use for which they are leased or for any other purpose. The existence of any such uncompleted portions deficiencies does not affect Substantial Completion or Tenant's obligation to accept possession of Landlord's Expansion Space Work (the "Punch list")Premises as otherwise required under the Lease. If Landlord objects The failure of Tenant to participate in said “walk-through” or preparation of a punchlist within said 5-day period constitutes a waiver by Tenant of all rights with respect to any portion deficiencies or incomplete work. The punchlist will not include any damage to the Premises caused by Tenant or its contractors, the repair of which is the sole responsibility of Tenant. (b) Tenant acknowledges that except as expressly provided in this Lease, neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the Premises, or with respect to the suitability or fitness of either for the conduct of Tenant's business or for any other purpose. The taking of possession of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred Premises by Tenant within 30 days after proof conclusively establishes that Tenant accepts the Premises in their then "as is, where is" condition, that the Premises are at such time in satisfactory condition and in conformity with the provisions of payment.  Landlord’s Refurbishment Work this Lease in all respects, and that Landlord has installed all improvements for which Landlord is responsible under this Exhibit C and that there are no items needing additional work or repair, except as to any listed deficiencies set forth in the punchlist described in subparagraph 8(a). 1. Building 755 restrooms (located across Landlord may from time to time adopt and amend Rules and Regulations for the security or safety of the Project, or persons using the Project. Tenant shall comply with all safety, fire protection and evacuation procedures and regulations established by Landlord or any governmental agency. Whenever the term Tenant is used it shall include the Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling its employees and paintinvitees. 2. Building 755 - Additional restrooms will be provided for the production area portion The sidewalks, halls, passages, exits and entrances of the Premises and of the Project will not be obstructed by Tenant or used by it for any purpose other than for ingress to building standardand egress from the Premises. Tenant will not permit loitering, illegal or dangerous activity by its employees and/or invitees. Tenant will not permit any blockage of truck ways, lane ways or common shipping doors by vehicles delivering to or from the Premises. 3. Break room portion Tenant will not go upon the roof of the Premises located in Building 755 Building, except where required for Tenant’s maintenance obligations, and Tenant will not be permitted to place or install any object or equipment on the exterior or on the roof of the Building, without Landlord’s written permission. However, Tenant shall be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave responsible for all costs to building standardrepair any damage done by such installation or placement which has been approved by Landlord. 4. Except as provided in Section 11 of the Lease and Exhibit F thereof, no signs of any kind or window coverings, save and except those requested to be installed by Landlord, visible from the exterior of the Premises will be displayed by Tenant on any part of the Building or the Premises without the prior written consent of Landlord. Landlord will install new interior signage within Building 755 provided adopt and furnish to Tenant general guidelines relating to signs. Tenant agrees to conform to such guidelines. In the event of the violation of this rule by Tenant, at TenantLandlord may remove the violating items without any liability, and may charge the expense incurred to remove such signs to Tenant together with an administration fee of 15%. For clarity, the terms of this Section 4 are subordinate to the provisions of Section 11 of the Lease and Exhibit F thereof, 0. Xxxxx on any exterior signage will be provided in Landlord’s costsole discretion. Tenant will not have any right to the use of any exterior sign, which installation shall not impact substantial completion unless otherwise approved by Landlord. For clarity, the terms of this Section 5 are subordinate to the provisions of Section 11 of the Lease and Exhibit F thereof, 6. Landlord ' s Expansion Space Workwill have the right to prohibit any advertising by Tenant mentioning the Project that, in Landlord’s reasonable opinion, tends to impair the reputation of the Project or its desirability as a Project. Upon written notice from Landlord, Tenant will refrain from or discontinue such advertising 7. Canvassing, peddling, soliciting, and distributing handbills or any other written materials in the Building or on the Project are prohibited, and Tenant will cooperate to prevent this occurring.

Punch List. Within 60 Not less than fifteen (15) business days after substantial completion prior to the Substantial Completion of the Shell Improvements, Landlord shall deliver notice to Tenant of the same and Landlord’ s Expansion Space Work’s construction representative and Tenant’s construction representative shall meet and do a complete walk-through inspection (“Walk-Through Inspection”) of the Premises and the portions of the Building and common areas reasonable necessary for Tenant to conduct its business operations from the Premises, to identify (a) any areas in which Landlord may not have achieved the Substantial Completion of the Shell Improvements as required herein, and (b) any incomplete or non-complying items of the Shell Improvements. At the conclusion of the Walk-Through Inspection, Tenant shall furnish deliver to Landlord a written statement setting forth Tenant' s schedule , list containing all items described in its reasonable opinion, of (a) and (b) above. If Tenant fails to provide any such uncompleted portions of Landlord's Expansion Space Work list, or if the items contained in the list are solely minor punchlist items which will not prevent Tenant from using the Premises for the purposed intended and can be completed in thirty (30) days (“Punchlist Items”), the "Punch list"). If Landlord objects to any portion Substantial Completion of the Punch listShell Improvements shall be deemed to have occurred as of the date identified in Landlord’s initial notice to Tenant as the date of Substantial Completion of the Shell Improvements, provided that Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of repair such failure and if Landlord fails to diligently pursue completion of said Punch list items Punchlist Items within thirty (30) days after the date of the Walk-Through Inspection. If Tenant does submit such a list, and the items set forth on the list are, in fact, part of the Shell Improvements under this Lease and are not Punchlist Items, Landlord shall promptly commence and diligently pursue the completion and/or correction of such items within a reasonable time thereafter, Tenant may complete and, in any of such Punch list items and Landlord shall pay Tenant any reasonable event, actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion Substantial Completion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation Shell Improvements shall not impact substantial completion of Landlord ' s Expansion Space Workbe deemed to have occurred until the listed items are completed and/or corrected.

Punch List. Within 60 Prior to the Closing, Xxxxxxxxx agrees to participate in a walk-through of the Unit ("Walk-Through") with Seller's representative in order to compile a list of items the parties mutually agree need correction, which are apparent at the time of inspection ("Walk-Through List"), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk-Through List, or to have Purchaser's designee do so on Purchaser's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser's behalf before the Closing, or, at Purchaser's election, Purchaser may waive, in writing, Purchaser's right to participate in the inspection. Items of uncompleted construction, which do not materially affect occupancy, shall not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will use commercially reasonable efforts to cause its contractors to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion preparation of the Punch listWalk-Through List or sixty (60) working days after the date of Closing, Landlord shall notify Tenantsubject to Force Majeure. If notXxxxxxxxx understands and agrees that paving, Landlord shall diligently complete the Punch list items exterior cement work, landscaping, final exterior finish and if Landlord fails to diligently pursue completion some components of the Punch list items approved by Landlord within 90 days after delivery Project may not be completed when a temporary or conditional certificate of the Punch list occupancy is issued and that Seller will complete such paving, exterior cement work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser’s refusal to Landlord and Landlord's acceptance thereof, Tenant shall issue close this transaction due to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.the

Punch List. Within 60 days after substantial completion In connection with and as a condition to the achievement of Landlord’ s Expansion Space WorkElectrical Works Completion for a particular circuit and the achievement of WTG Mechanical Completion as to each WTG, Tenant Contractor shall furnish to Landlord develop a written statement list (each, an “Interim Punch List”) setting forth Tenant' s schedule parts of the Work which remain to be performed in order to confirm that the Work fully complies with the terms of this Agreement. Contractor agrees that installation of the fiber optic cable and connection to the Project’s SCADA system is not an Interim Punch List Item. In addition to Contractor providing the Interim Punch List to Owner in accordance with this Article 7, Contractor shall also promptly provide a copy of such list to Owner upon Owner’s request. Contractor shall make such revisions to such list as and when requested by Owner from time to time. As a condition to Project Mechanical Completion, Contractor shall prepare and submit to Owner a comprehensive list (the “Punch List”) setting forth remaining Punch List Items, including any items from the Interim Punch Lists that have not been completed and also including a listing of Contractor deliverables required to be provided to Owner hereunder as a prerequisite to the achievement of Final Completion, including without limitation, Lien releases, As-Built Drawings, and other required documentation, as well as performance of Job Site clean-up and other post-construction activities, and also including Contractor’s reasonable estimate of the cost to complete each such Punch List Item. Contractor shall make such revisions to the Punch List as and when reasonably requested by Owner from time to time. The Owner shall reasonably estimate the cost to complete all items on the Punch List that have not been completed. The Parties agree that with respect to Punch List Items that remain uncompleted and which are preventing Final Completion, it may be more expedient for Owner to complete such Punch List Items, at its sole election and option. If Owner so elects, at its sole discretion, Owner may, in its reasonable opinion, lieu of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects requiring Contractor to any portion of the Punch list, Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails List Items, require Contractor to diligently pursue completion pay to Owner an amount equal to one hundred percent (100%) of the Punch list items approved by Landlord within 90 days after delivery commercial value of the remaining Punch list to Landlord and Landlord's acceptance thereofList Items as established as provided above in this Section 7.5(b). Upon such election by Owner, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) List Items shall be improved deemed removed from the Punch List. Owner shall have the right to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintoffset such amount owed by Contractor against any amounts owed by Owner to Contractor at Final Completion or otherwise under this Agreement. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Tenant has completed a walk-through inspection of the Premises and the portions of the Building and common areas reasonable necessary for Tenant to conduct its business operations from the Premises (the “Walk-Through Inspection”). Within 60 five (5) business days after substantial completion of Landlord’ s Expansion Space Workthe Lease Reference Date, Tenant shall furnish deliver to Landlord a written statement setting forth Tenant' s schedule list identifying: (a) any areas in which Landlord may not have achieved the Substantial Completion of the Shell Improvements as required herein, in its reasonable opinion, and (b) any incomplete or non-complying items of the Shell Improvements. If Tenant fails to provide any such uncompleted portions of Landlord's Expansion Space Work list, or if the items contained in the list are solely minor punchlist items which will not prevent Tenant from using the Premises for the purposed intended and can be completed in thirty (30) days (“Punchlist Items”), the "Punch list"). If Landlord objects to any portion Substantial Completion of the Punch listShell Improvements shall be deemed to have occurred as of the date identified in Landlord’s initial notice to Tenant as the date of Substantial Completion of the Shell Improvements, provided that Landlord shall notify Tenant. If not, Landlord shall diligently complete the Punch list items and if Landlord fails to diligently pursue completion of the Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of repair such failure and if Landlord fails to diligently pursue completion of said Punch list items Punchlist Items within thirty (30) days after the date of the Walk-Through Inspection. If Tenant does submit such a list, and the items set forth on the list are, in fact, part of the Shell Improvements under this Lease and are not Punchlist Items, Landlord shall promptly commence and diligently pursue the completion and/or correction of such items within a reasonable time thereafter, Tenant may complete and, in any of such Punch list items and Landlord shall pay Tenant any reasonable event, actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided for the production area portion Substantial Completion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation Shell Improvements shall not impact substantial completion of Landlord ' s Expansion Space Workbe deemed to have occurred until the listed items are completed and/or corrected.

Punch List. Within 60 Upon Substantial Completion (as defined below) of the Work, LESSOR shall request the CEO/Real Estate Services Manager’s approval and acceptance of such Work, which approval will not be unreasonably withheld or delayed. Said approval shall be manifested by a letter from the CEOCEO Facilities Services Manager (“CEO Letter”), and may be subject to completion of items on a “punch list,” which shall be generated by COUNTY and included in the CEO Letter. COUNTY shall not be required to send the CEO Letter until COUNTY is satisfied that all of the Work has reached Substantial Completion (other than punch list items, if any) pursuant to this Lease in COUNTY’s sole but reasonable discretion. As used in this Clause 8 (D), “Substantial Completion” means that the Work shall have been completed in accordance with the provisions of this Lease and any mutually approved plans and specifications, such that the Premises may continue to be occupied by COUNTY for the intended purposes subject to “punch list” items, if any. In the event COUNTY’s approval and acceptance of the Work is given along with a punch list, LESSOR shall complete all punch list items within twenty-one (21) working days following receipt of the CEO Letter. Should the items on the punch list not be completed within twenty-one (21) working days other than as a result of actions (or inactions) of COUNTY, LESSOR shall be obligated to pay a penalty to COUNTY of Five Hundred ($500) per day for the period from the Completion Date through the date that all punch list items have been completed.” CONSTRUCTION (4.1 S) LESSOR hereby agrees to complete, at LESSOR's expense, within one hundred eighty (180) calendar days after substantial completion of Landlord’ s Expansion Space Workthe date first written above, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule alterations, in its reasonable opinionrepairs, of any such uncompleted portions of Landlord's Expansion Space Work and other work (the "Punch listWork"). If Landlord objects ) in accordance with space plan dated April 10, 2007, and Specifications dated April 6, 2007, attached hereto and made a part hereof as "Exhibit C." Should LESSOR fail to any portion complete the Work within one hundred eighty (180) calendar days after execution of the Punch listLease by COUNTY, Landlord COUNTY shall notify Tenantreduce subsequent rent due LESSOR by Five Hundred Dollars ($500) for each day the completion date of the Work exceeds the above mentioned 120‑day period. If notSaid amount shall be considered as liquidated damages to compensate COUNTY for costs incurred as a result of such LESSOR‑caused delay. In addition to the amount stated above, Landlord shall diligently complete COUNTY may, at COUNTY's sole option, upon giving written notice to LESSOR prior to the Punch list items and if Landlord fails to diligently pursue completion of the Punch Work, terminate the Lease. In the event of such termination, this Lease shall terminate on the date specified in such notice and neither party shall have any further right or obligation to the other with respect to this Lease or the Premises. All planning and architectural/design costs required to accomplish the Work shall be LESSOR's responsibility. All plans and working drawings for the Work shall have the approval of COUNTY. Approval by COUNTY of said plans and work drawings shall not relieve LESSOR of the responsibility for complying with all applicable codes and construction requirements, nor of obtaining necessary permits or approvals from the authorities of proper jurisdiction. Subsequent to the completion of the Work, and prior to occupancy by COUNTY, LESSOR shall obtain COUNTY's approval and acceptance of the Work. Said approval shall be manifested by letter from the Risk Manager, and may be subject to completion of items on a "punch list." Said punch list will be generated by COUNTY. COUNTY shall have the option not to accept the Premises prior to completion of all items approved by Landlord on any such punch list. In the event COUNTY's approval and acceptance of the Premises is given prior to the completion of a punch list, LESSOR shall have twenty-one (21) working days following receipt of said punch list to complete all remaining work contained therein. Should the items on the punch list not be completed within 90 twenty-one (21) working days, COUNTY shall have the option to complete the Work and deduct the cost thereof, including labor, materials, and overhead from any rent payable. PAINTING BY LESSOR (4.2 S) Within sixty (60) days after delivery commencement of the Punch list sixth year of the lease term, LESSOR shall repaint, at LESSOR'S sole expense, all painted surfaces within the Premises. Said painting shall be accomplished during hours other than COUNTY's normal working hours. LESSOR shall be responsible for the movement and subsequent replacement of all furniture, window coverings, and fixtures necessary to Landlord repaint the Premises. COUNTY shall, at its own cost and Landlord's acceptance thereofexpense, Tenant be responsible for the movement and subsequent replacement of all computer equipment, electronic equipment, any other communication equipment, all otherwise sensitive equipment or files and for the personal effects of the COUNTY’s employees. Said paint shall issue to Landlord written notice be of such failure a kind and if Landlord fails to diligently pursue completion quality in accordance with Exhibit C. The cost of said Punch list items repainting shall not be included in the operating costs for the building for the purpose of operating cost adjustments. At COUNTY's sole option, COUNTY may elect to defer said repainting. Said deferral shall not release LESSOR from the obligation to repaint. Should COUNTY elect to defer said repainting, the Risk Manager, at least thirty (30) days prior to the scheduled repainting date, shall notify LESSOR in writing of COUNTY's decision to defer said repainting. This notice shall include the date COUNTY wishes the repainting to take place. Should LESSOR fail to comply with the provisions of this clause, COUNTY shall have the option to complete said repainting and deduct the cost thereof from any rent payable. // CARPETING BY LESSOR (4.3 N) If after commencement of the sixth year of the lease term, COUNTY determines that carpeted surfaces within the Premises needs replacement due to excessive wear or fading, severe spotting, or excessive damage, LESSOR shall recarpet, at LESSOR's sole expense, all carpeted surfaces within the Premises that COUNTY determines needs replacement within reason. Said recarpeting shall be accomplished during hours other than COUNTY's normal working hours. LESSOR shall be responsible for the movement and subsequent replacement of all furniture and fixtures necessary to recarpet the Premises. COUNTY shall, at its own cost and expense, be responsible for the movement and subsequent replacement of all computer equipment, electronic equipment, any other communication equipment, all otherwise sensitive equipment or files and for the personal effects of the COUNTY’s employees. Said carpet shall be of a kind and quality in accordance with Exhibit C. The cost of said recarpeting shall not be included in the operating costs for the building for the purpose of operating cost adjustments. At COUNTY'S sole option, COUNTY may elect to defer said recarpeting. Said deferral shall not release LESSOR from the obligation to recarpet. Should COUNTY elect to defer said recarpeting, the Risk Manager, at least thirty (30) days prior to the scheduled recarpeting date, shall notify LESSOR in writing of COUNTY'S decision to defer said recarpeting. This notice shall include the date COUNTY wishes the recarpeting to take place. Should LESSOR fail to comply with the provisions of this clause, COUNTY shall have the option to complete said recarpeting and deduct the cost thereof from any rent payable. ALTERATIONS (4.4 S) COUNTY may make improvements and changes in the Premises, including but not limited to the installation of fixtures, partitions, counters, shelving, and equipment as deemed necessary or appropriate. It is agreed that any such fixtures, partitions, counters, shelving, or equipment attached to or placed upon the Premises by COUNTY shall be considered as personal property of COUNTY, who shall have the right to remove same. COUNTY agrees that the Premises shall be left in as good condition as when received, reasonable wear and tear excepted. ORANGE COUNTY TELECOMMUNICATIONS NETWORK (OCTNET) (4.5 N) LESSOR agrees that COUNTY may install, at COUNTY's sole cost and expense and subject to the prior written approval of LESSOR, which approval shall not be unreasonably withheld, telecommunication devices in, on, or around the Premises and LESSOR's building in accordance with COUNTY's OCTNET plans and specifications provided that the provisions of the clause entitled (ALTERATIONS) shall be applicable to such work. It shall be COUNTY's responsibility to obtain all governmental permits and/or approvals required for such installation; however, LESSOR shall reasonably cooperate with COUNTY as necessary or appropriate, to obtain said permits and/or approvals. REPAIR, MAINTENANCE, AND JANITORIAL SERVICES (5.1 S) LESSOR shall provide at its own cost and expense all repair, maintenance, (including fire extinguishers), and janitorial supplies and services to Premises, including but not limited to the repair, maintenance, and replacement as necessary, of the Heating, Ventilation, Air Conditioning (“HVAC”) system. During all operating hours the HVAC system serving the Premises shall be capable of maintaining the Premises at 78º Dry Bulb at a maximum range of 40% to 60% Relative humidity during the summer when the outdoor temperature is 95º Dry Bulb, and at 68º Dry Bulb in the winter when the outside temperature is 35º Dry Bulb. In order for the COUNTY to comply with the California Code of Regulations, Title 8, Section 5142, and as it may be subsequently amended, LESSOR shall inspect the HVAC system at least once every month or on a schedule agreed to in writing by LESSOR and COUNTY, and provide repair and maintenance accordingly. LESSOR’s inspections and maintenance of the HVAC system shall be documented in writing. The LESSOR shall at a minimum maintain a record of: (a) the name of the individual(s) inspecting and/or maintaining the system, (b) the date of the inspection and/or maintenance, and (c) the specific findings and actions taken. The LESSOR shall ensure that such records are retained for at least five (5) years. The LESSOR shall make all HVAC records required by this section available to COUNTY for examination and copying, within forty-eight (48) hours of a written request. LESSOR acknowledges that COUNTY may be subject to fines and/or penalties for failure to provide said records to regulatory agencies within the given timeframes. Should COUNTY incur fines and/or penalties as a direct result of LESSOR’s failure to provide said records to COUNTY, LESSOR shall reimburse COUNTY for said fines and/or penalties within thirty (30) days thereafterupon written notice. Should LESSOR fail to reimburse COUNTY within thirty (30) days, Tenant COUNTY may complete deduct the amount of the fine and/or penalty from any rent payable. Janitorial supplies and services shall be provided on a five-day-per-week basis in accordance with Exhibit D (JANITORIAL SPECIFICATIONS) attached hereto and made a part hereof. If LESSOR fails to provide satisfactory repair, maintenance, and janitorial services to the Premises, the Risk Manager may notify LESSOR in writing; and if LESSOR does not instigate measures to provide satisfactory service and/or to remedy the unsatisfactory conditions within four (4) days after COUNTY has placed such notice in the mail to LESSOR directed to the address shown for LESSOR in the clause entitled (NOTICES) below, or has personally delivered such notice to LESSOR, COUNTY may provide the repair, maintenance, and/or janitorial service necessary to remedy the unsatisfactory condition and assure satisfactory service or have others do so, and deduct the cost thereof, including labor and materials from any rent payable. If LESSOR fails to provide satisfactory janitorial supplies to Premises, the Risk Manager, may notify LESSOR either verbally or in writing; and if LESSOR does not provide janitorial supplies within twenty-four (24) hours after LESSOR has received such written notice from COUNTY, COUNTY may provide the janitorial supplies necessary or have others do so, and deduct the cost thereof, including labor and materials from any rent payable. If LESSOR or its representative cannot be contacted by COUNTY for emergency repairs and/or services the same day any emergency repairs and/or services are necessary to remedy the emergency condition, or if LESSOR following such contact by COUNTY is unable or refuses to make the necessary repairs within reason or provide the necessary services, COUNTY may at its option have the necessary repairs made and/or provide services to remedy the emergency condition, and deduct the cost thereof, including labor and materials from any rent payable. Should COUNTY be forced to shut down its operations within the Premises due to LESSOR's failure to provide services required by this clause, LESSOR shall be responsible for the cost, to the COUNTY, of such Punch list items a shutdown. LESSOR shall provide COUNTY with a complete copy of the janitorial contract covering the Premises, including the janitorial schedule and Landlord any other exhibits. UTILITIES (5.2 N) LESSOR shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the Premises except telephone, which shall be the obligation of COUNTY. Should LESSOR fail to provide utility service to the Premises, COUNTY may provide such service and deduct the cost thereof, including overhead, from any rent payable. LESSOR shall provide said services during normal business hours, which are 8:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 p.m. Saturday (Holidays of the County of Orange excepted). Should COUNTY require utility services at times other than during normal business hours, COUNTY shall pay Tenant any reasonable , actual LESSOR Fifty Dollars ($50) for each hour utility services are used during times other than normal business hours. LESSOR and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms COUNTY agree that said hourly rates will be provided for charged in one-half hour increments with a two (2) hour minimum. LESSOR shall provide COUNTY with a written statement of its monthly usage in the production area portion form of an invoice, which shall include a statement showing the date, time, location and duration of such usage, along with a summary of the Premises to building standard. 3COUNTY’s monthly charges. Break room portion of COUNTY shall pay LESSOR for excess usage with the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4following month’s rent as Additional Rent. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.INSURANCE (5.3 S)

Punch List. Within 60 days after substantial completion of Landlord’ s Expansion Space When the Initial Premises Work, on a floor-by-floor basis, is nearing Substantial Completion, the General Contractor shall provide the Landlord, Landlord’s Project Manager, the Tenant and the Tenant Architect with a list of work items that remain to be completed, and a request for inspection. The Landlord shall furnish to Landlord schedule a written statement setting forth Tenant' s schedule walk-through with the Landlord’s Project Manager and the Tenant Architect of the applicable floor(s), in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work no event later than five (the "Punch list"). If Landlord objects to any portion 5) Business Days following receipt of the request for inspection. The Tenant Architect will create a discrepancy list with input from the Landlord’s Project Manager (each a “TI Punch listList”) of the items of the Tenant Improvements, if any, that the Tenant Architect deems incomplete or not in accordance with the Tenant’s Plans and Specifications. The Landlord’s Project Manager will create a discrepancy list with input from Tenant’s Architect (each a “IPBI Punch List”) of the items of the Initial Premises Building Improvements, if any, that the Landlord’s Project Manager deems incomplete or not in accordance with the Landlord’s Plans and Specifications. The TI Punch List and the IPBI Punch List are sometimes collectively referred to herein as the “Punch List”. The General Contractor’s construction manager may accompany the parties on any Punch List walk-through. The Punch List shall be delivered to the Landlord, the Tenant, and the General Contractor not later than ten (10) Business Days after the date Landlord shall notify Tenantand Tenant have received notice from the General Contractor that the Initial Premises Work, on a floor-by-floor basis, is ready for inspection. If not, Landlord shall diligently The General Contractor will complete or correct the Punch list List items and if request re-inspection by notice to the Landlord fails to diligently pursue completion and the Tenant Architect. The Work and re-inspection will continue until the Punch List items, on a floor by floor basis, are resolved. Each of the TI Construction Contract and the IPBI Construction Contract shall obligate the General Contractor to resolve all Punch list items approved by Landlord within 90 days after delivery of the Punch list to Landlord and Landlord's acceptance thereof, Tenant shall issue to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within List Items no later than thirty (30) days thereafterafter receipt of any applicable Punch List. When any dispute exists between the Landlord, the Tenant may complete any of or the General Contractor as to whether a Punch List discrepancy has been resolved it shall be determined by the Neutral where such decision shall be final in all such circumstances. Once the Tenant Architect determines that the TI Punch list List items and Landlord shall pay the TI Punch List discrepancy, if any, has been resolved, the Tenant Architect will issue an AIA Form G704 along with a list of any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof remaining minor items of paymentdeficient work for the TI Construction Contract.  Once the Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break room) shall be improved to building standard Project Manager determines that the BI Punch List items and the BI Punch List discrepancy, if any, has been resolved, the Landlord’s Project Manager will issue an AIA Form G704 along with new tiles, plumbing fixtures, lighting fixture s, ceiling and paint. 2. Building 755 - Additional restrooms will be provided a list of any remaining minor items of deficient work for the production area portion of the Premises to building standardIPBI Construction Contract. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.

Punch List. Within 60 Prior to the Closing, Purchaser agrees to participate in a walk- through of the Unit ("Walk-Through") with Seller's representative in order to compile a list ofitems the parties mutually agree need correction, which are apparent at the time of inspection ("Walk- Through List"), which Walk-Through List shall be signed by both Purchaser and Seller. If Purchaser fails or refuses to complete the Walk-Through or to sign the Walk-Through List, or to have Purchaser's designee do so on Purchaser's behalf prior to Closing, Seller may either designate a qualified third party, who is not an agent or employee of Seller, to complete the inspection on Purchaser's behalf before the Closing, or, at Purchaser's election, Purchaser may waive, in writing, Purchaser's right to participate in the inspection. Items of uncompleted construction, which do not materially affect occupancy, shall not provide a basis for Purchaser to cancel this Agreement, withhold funds at the Closing, or delay the Closing. Seller will use commercially reasonable efforts to cause its contractors to complete the items on the Walk-Through List at Seller’s expense within the later to occur of sixty (60) working days after substantial completion of Landlord’ s Expansion Space Work, Tenant shall furnish to Landlord a written statement setting forth Tenant' s schedule , in its reasonable opinion, of any such uncompleted portions of Landlord's Expansion Space Work (the "Punch list"). If Landlord objects to any portion preparation of the Punch listWalk-Through List or sixty (60) working days after the date of Closing, Landlord shall notify Tenantsubject to Force Majeure. If notPurchaser understands and agrees that paving, Landlord shall diligently complete the Punch list items exterior cement work, landscaping, final exterior finish and if Landlord fails to diligently pursue completion some components of the Punch list items approved by Landlord within 90 days after delivery Project may not be completed when a temporary or conditional certificate of occupancy is issued and that Seller will complete such paving, exterior cement work, landscaping and final exterior finish work as soon as practicable thereafter. Purchaser’s refusal to close this transaction due to the Punch list need for reasonable further work (to Landlord and Landlord's acceptance thereof, Tenant shall issue be noted on the Walk-Through List with respect to Landlord written notice of such failure and if Landlord fails to diligently pursue completion of said Punch list items within thirty (30) days thereafter, Tenant may complete any of such Punch list items and Landlord shall pay Tenant any reasonable , actual and documented amounts incurred by Tenant within 30 days after proof of payment.  Landlord’s Refurbishment Work  1. Building 755 restrooms (located across from Tenant's break roomthe Unit) shall be improved to building standard with new tiles, plumbing fixtures, lighting fixture s, ceiling and paintconstitute a default by Purchaser under this Agreement. 2. Building 755 - Additional restrooms will be provided for the production area portion of the Premises to building standard. 3. Break room portion of the Premises located in Building 755 to be improved with paint, new carpet, doors, ceiling and kitchenette with small refrigerator and microwave to building standard. 4. Landlord will install new interior signage within Building 755 provided by Tenant, at Tenant’s cost, which installation shall not impact substantial completion of Landlord ' s Expansion Space Work.