Common use of Quality of Materials and workmanship Clause in Contracts

Quality of Materials and workmanship. The materials used in the Project shall be of the quality called for by the Project Plans, and the workmanship shall be in conformity with the Construction Contract and this Agreement, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer shall not make any changes in, and shall not permit the General Contractor or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been approved by the Architect, which does not materially affect the structure or exterior of the Project, and the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) or which changes, in the aggregate, do not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) in cost. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer to the Lessor and the Lessee, and the Developer shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered into, as the case may be. The Lessee acknowledges and agrees that the Developer may make any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such change.

Quality of Materials and workmanship. The materials used in the each Development Project shall be of the quality called for by the applicable Project Plans, and the workmanship (including, without limitation, level of finish) shall be substantially and in all material respects in conformity with the Construction Contract Contracts, this Agreement and this Agreement, the Development Agreements and both the quality of such materials and such workmanship (including, without limitation, the level of finish) shall be satisfactory to the LessorBuyer. The Developer Without limiting the foregoing, the level of finish for each Development Project shall at least be equivalent in quality to the level of finish of the Naples Facility. Except as otherwise expressly provided herein, the Seller shall not make any changes in, and shall not permit the any General Contractor or the any Architect to make any changes in, the quality of such materials, the Project Plans or the Project BudgetPlans, whether by change order or otherwise, without (i) the prior written consent of the LessorBuyer, in each instance (which consent may be withheld in the LessorBuyer's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change ) and (necessitated by job conditionsii) which has been approved by complying with the Architect, which does not materially affect the structure or exterior terms of the Project, applicable Development Agreement pertaining to any such change. The Buyer shall respond to the Seller with regard to any requested change within two (2) Business Days after such request is made to the Buyer and the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000) or which changes, in the aggregate, do not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) in costBuyer has received all materials and information as may be reasonably necessary to evaluate such request. Notwithstanding the foregoing, prior to making any change in the Project Plans, copies of all change orders shall be submitted by the Developer Seller to the Lessor Buyer and the Lessee, and the Developer Seller shall also deliver to the Lessor and the Lessee Buyer evidence satisfactory to the LessorBuyer, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith and all necessary consents from any applicable Landlord or Future Lender relating thereto have been obtained or entered into, as the case may be. Any failure by the Buyer to notify the Seller whether the Buyer approves of such requested change during the requisite time period shall be deemed to be an approval of the same. The Lessee Buyer and the Seller acknowledge that the Buyer has not reviewed or approved the Project Specifications Manuals for the Naples Facility, the Germantown Facility or the Birmingham Facility. The Seller agrees to provide the same to the Buyer for review within one month from the date hereof. The Buyer acknowledges and agrees that it will approve of such Project Specifications Manuals if such Project Specifications Manuals are substantially similar, in all material respects, to the Developer may make any changes inProject Specifications Manuals for the other Approved Property described on EXHIBIT C-2, EXHIBIT C-3, EXHIBIT C-4, EXHIBIT C-6, and may permit EXHIBIT C-8. The Buyer has approved the General Contractor plans and specifications relating to the Architect Blue Xxxx Property listed on EXHIBIT C-2, subject to make any changes in, the quality approval of the materials for applicable Future Lender of the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such changesame.

Quality of Materials and workmanship. The materials used 11.1 Without prejudice to any other warranty expressly given or implied by operation of law the Contractor warrants that:- a. all materials, goods and things provided by him in accordance with the Contract correspond as to description, quality and condition with the terms stated in the Project Contract, and b. all materials or goods provided by him in accordance with the Contract are of merchantable quality and of sound materials and good workmanship, and c. where selection of materials or goods is made by the Contractor that the same shall be the best of the quality called their respective kinds and fit for their purpose, and d. all materials or goods provided by the Project Plans, and the workmanship shall be Contractor in conformity accordance with the Construction Contract and this Agreementshall conform with any sample, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer shall not make any changes inmock-up, and shall not permit the General Contractor pattern, drawing or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been design approved by the ArchitectEmployer's Representative or any Consultant, which does not materially affect and e. all persons engaged or employed by the structure or exterior Contractor in the performance of the ProjectContract are suitably skilled, experienced and qualified to perform the work allotted to them, and f. where matters of design, specification or selection of materials are carried out by the Contractor that specialist skill and care has been or shall be applied in carrying out the same and that the same shall be fit for their purpose, and g. the Contract Works when completed shall comply with all requirements of the laws then in force in the Hong Kong Special Administrative Region and shall be fit for their intended purposes. 11.2 The Employer's Representative may at any time require the removal from the Site and replacement forthwith of any materials, goods, or persons the subject of the warranties contained in clause 11.1 hereof which do not in his opinion comply with such warranties or are otherwise not in accordance with the Contract. 11.3 The Employer's Representative may if he shall so require instruct the Contractor to open up for inspection and testing any work whether completed or not to ascertain whether the same complies with the terms of the Contract provided that if it shall be ascertained that such work does so comply then the cost and expense of such opening up, inspection and testing (together with the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000making good in consequence thereof) or which changes, shall be valued in the aggregatemanner prescribed in clause 3.2 hereof and added to the Contract Sum. The Employer's Representative shall have the right to order the rectification, do removal, repair, making good or replacement of any work that is not exceed TWO HUNDRED THOUSAND DOLLARS executed in accordance with the Contract, at the Contractor’s own cost. 11.4 All materials and goods to be provided by the Contractor in accordance with the Contract shall be subjected from time to time to such tests as the Employer's Representative may direct at the place of manufacture or fabrication or at such other place or places whether on or off the Site as the Employer's Representative may direct or at all or any of such places. The Contractor shall provide such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing the same and shall supply samples of materials, goods or things before incorporation in the Works for testing as may be required by the Employer's Representative. The cost of the same shall be payable to the Contractor to the extent that the same is expressly stated in the Contract. 11.5 The Contractor shall give three ($200,0003) in cost. Notwithstanding working days’ notice to the foregoing, Employer's Representative on Site prior to making the covering up of any change work and in default of so doing the Project Plans, copies Employer's Representative may require the same to be uncovered at the Contractor's expense. 11.6 The Contractor shall give and shall procure that his sub-contractors of all change orders shall be submitted by the Developer any tier give to the Lessor and Employer's Representative or any of the Lessee, and the Developer shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered intoConsultants, as the case may be, and their respective representatives, full access to the Contract Works and to the workshops or other places where work is being prepared or goods or materials are being manufactured for the Works so that they may test, inspect or examine the same. The Lessee acknowledges and agrees that Contractor shall assist the Developer may make Employer's Representative or any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for Consultants and their respective representatives during the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to course of any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such changevisits as aforesaid.

Quality of Materials and workmanship. The materials used 11.1 Without prejudice to any other warranty expressly given or implied by operation of law the Contractor warrants that:‐ a. all materials, goods and things provided by him in accordance with the Contract correspond as to description, quality and condition with the terms stated in the Project Contract, and b. all materials or goods provided by him in accordance with the Contract are of merchantable quality and of sound materials and good workmanship, and c. where selection of materials or goods is made by the Contractor that the same shall be the best of the quality called their respective kinds and fit for their purpose, and d. all materials or goods provided by the Project Plans, and the workmanship shall be Contractor in conformity accordance with the Construction Contract and this Agreementshall conform with any sample, and both the quality of such materials and such workmanship shall be satisfactory to the Lessor. The Developer shall not make any changes inmock‐up, and shall not permit the General Contractor pattern, drawing or the Architect to make any changes in, the quality of such materials, the Project Plans or the Project Budget, whether by change order or otherwise, without the prior written consent of the Lessor, in each instance (which consent may be withheld in the Lessor's sole and absolute discretion); provided, however, that such consent shall not be required for any individual change (necessitated by job conditions) which has been design approved by the ArchitectEmployer's Representative or any Consultant, which does not materially affect and e. all persons engaged or employed by the structure or exterior Contractor in the performance of the ProjectContract are suitably skilled, experienced and qualified to perform the work allotted to them, and f. where matters of design, specification or selection of materials are carried out by the Contractor that specialist skill and care has been or shall be applied in carrying out the same and that the same shall be fit for their purpose, and g. the Contract Works when completed shall comply with all requirements of the laws then in force in the Hong Kong Special Administrative Region and shall be fit for their intended purposes. 11.2 The Employer's Representative may at any time require the removal from the Site and replacement forthwith of any materials, goods, or persons the subject of the warranties contained in clause 11.1 hereof which do not in his opinion comply with such warranties or are otherwise not in accordance with the Contract. 11.3 The Employer's Representative may if he shall so require instruct the Contractor to open up for inspection and testing any work whether completed or not to ascertain whether the same complies with the terms of the Contract provided that if it shall be ascertained that such work does so comply then the cost and expense of such opening up, inspection and testing (together with the cost of which does not exceed TWENTY-FIVE THOUSAND DOLLARS ($25,000making good in consequence thereof) or which changes, shall be valued in the aggregatemanner prescribed in clause 3.2 hereof and added to the Contract Sum. The Employer's Representative shall have the right to order the rectification, do removal, repair, making good or replacement of any work that is not exceed TWO HUNDRED THOUSAND DOLLARS executed in accordance with the Contract, at the Contractor’s own cost. 11.4 All materials and goods to be provided by the Contractor in accordance with the Contract shall be subjected from time to time to such tests as the Employer's Representative may direct at the place of manufacture or fabrication or at such other place or places whether on or off the Site as the Employer's Representative may direct or at all or any of such places. The Contractor shall provide such assistance, instruments, machines, labour and materials as are normally required for examining, measuring and testing the same and shall supply samples of materials, goods or things before incorporation in the Works for testing as may be required by the Employer's Representative. The cost of the same shall be payable to the Contractor to the extent that the same is expressly stated in the Contract. 11.5 The Contractor shall give three ($200,0003) in cost. Notwithstanding working days’ notice to the foregoing, Employer's Representative on Site prior to making the covering up of any change work and in default of so doing the Project Plans, copies Employer's Representative may require the same to be uncovered at the Contractor's expense. 11.6 The Contractor shall give and shall procure that his sub‐contractors of all change orders shall be submitted by the Developer any tier give to the Lessor and Employer's Representative or any of the Lessee, and the Developer shall also deliver to the Lessor and the Lessee evidence satisfactory to the Lessor, in its reasonable discretion, that all necessary Permits and/or Contracts required by any Governmental Authority in connection therewith have been obtained or entered intoConsultants, as the case may be, and their respective representatives, full access to the Contract Works and to the workshops or other places where work is being prepared or goods or materials are being manufactured for the Works so that they may test, inspect or examine the same. The Lessee acknowledges and agrees that Contractor shall assist the Developer may make Employer's Representative or any changes in, and may permit the General Contractor and the Architect to make any changes in, the quality of the materials for Consultants and their respective representatives during the Project, the Project Plans or the Project Budget without the Lessee's consent provided that (a) the Lessor's consent to course of any such change is not required hereunder or (b) the Developer has obtained the Lessor's consent to any such changevisits as aforesaid.