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B-6
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<br />(c) Tenant shall not be entitled to receive (in cash or as a credit against any rental or
<br />otherwise) any portion of the Tenant Allowance; any unspent amounts will revert to Landlord.
<br />Landlord shall refund to Tenant any unspent Over-Allowance Amounts within a reasonable time
<br />following completion of Punch List Work.
<br />10. Miscellaneous.
<br />(a) All Building Addition Work to be performed by Landlord shall use Building-
<br />standard specifications, materials, finishes, and supplies, unless otherwise specified in the Final
<br />Plans. Landlord, in its sole discretion, may substitute items, materials, or finishes with other
<br />items, materials, or finishes of comparable kind and quality. Landlord, at its sole option, may also
<br />change mechanical plans and specifications where necessary for the installation or modification
<br />of the Building Systems, provided that any such changes may not materially and adversely affect
<br />Tenant's use and occupancy of the Building for the uses permitted in Article 3 of the Lease.
<br />(b) Tenant acknowledges that the timely completion of the Building Addition Work
<br />is of the utmost importance to Landlord and Tenant. Accordingly, Tenant hereby agrees to fully
<br />and diligently cooperate with all reasonable requests by Landlord in connection with or related to
<br />the design and construction of the Building Addition Work and the completion of the permitting
<br />process and, in connection therewith, Tenant shall respond to Landlord's requests for information
<br />and/or approvals, except as specifically set forth herein to the contrary, within two (2) days
<br />following request by Landlord. Landlord and Tenant, and such other parties as may be useful or
<br />appropriate, shall meet on a scheduled basis to be determined by Landlord's Representative and
<br />Tenant's Representative, to discuss progress in connection with the same.
<br />(c) If at any time on or before the Substantial Completion of the Landlord Work,
<br />Tenant is in default under this Work Letter or under the Lease, which default remains uncured
<br />after the expiration of applicable notice and cure periods or ten (10) days, whichever is sooner, or
<br />Landlord reasonably determines that Tenant is unwilling or unable to perform its obligations
<br />under the Lease or this Work Letter and Tenant is unable to provide Landlord with reasonable
<br />assurances to the contrary within five (5) days of request, then: (i) in addition to all other rights
<br />and remedies granted to Landlord pursuant to the Lease, Landlord shall have the right to instruct
<br />the Contractor to cease the construction of the Building Addition Work (in which case, Tenant
<br />shall be responsible for the Tenant Delay caused by such work stoppage); and (ii) all other
<br />obligations of Landlord under the terms of this Work Letter shall be suspended until such time as
<br />such default is fully and finally cured. In the event of the foregoing, or an Event of Default under
<br />the Lease prior to the Building Addition Commencement Date, then in addition to other damages
<br />that Landlord may be entitled to under the Lease, at law or in equity, Tenant shall immediately
<br />pay to Landlord upon demand all amounts, costs, fees, penalties, liabilities and expenses in any
<br />way incurred by Landlord in connection with ceasing or completing the Building Addition Work,
<br />in Landlord’s discretion, including costs to cease and demolish any and all improvements, costs
<br />and penalties under the Construction Contract and other contracts, the Tenant Allowance, the
<br />Over Allowance Amount, attorneys’ fees, consultants fees, court costs, permitting costs, and any
<br />other costs, fees, penalties, liabilities and expenses to either terminate and demolish the Building
<br />Addition or to Substantially Complete the same.
<br />(d) Effective as of the Completion Date, Landlord hereby assigns to Tenant all
<br />warranties by Contractor relating to the Building Addition Work, which assignment shall be on a
<br />non-exclusive basis such that the warranties may be enforced by Landlord and/or Tenant.
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