Architect’s Contract. (a) The Architect’s Contract is in full force and effect; # both ​ and ​’s Architect are in compliance in all material respects with their respective obligations under the Architect’s Contract; # the work to be performed by the Architect under the Architect’s Contract is the architectural services required to design the Improvements to be built in accordance with the Plans and Specifications and all architectural services required to complete the Improvements in accordance with the Plans and Specifications is provided for under the Architect’s Contract; # each Other Design Professionals Agreement, if any, is in full force and effect; # both ​ and the Other Design Professionals thereunder are in compliance in all material respects with their respective obligations under such Other Design Professionals Agreements, if any; # intentionally omitted; and # all work on the Improvements shall be completed in accordance with the Plans and Specifications in a good and workmanlike manner and shall be free of any defects. ​ shall from time to time, upon request by ​, cause ​’s Architect to provide ​ with reports in regard to the status of construction of the Improvements, in such form and detail as reasonably requested by ​.

Architect’s Certificate. ​ shall cause to be delivered to ​ certificates from the ​’s Architect (the “Architect’s Certificate”) substantially in the form attached hereto as [Exhibit 2.17](i)(ix) (unless ​’s Architect signs the Application for Payment (AIA Form G702) for such Additional Advance).

Architect’s TI Contract.................................................................................................... [Exhibit B]

“Architect’s Contract” shall mean that certain contract for architectural services, dated as of ​, between ​ and ​’s Architect.

Assist Consultant, the other Design-Assist Consultants, and ​ Improvement Design-Build Contractors shall be responsible for Code compliance issues with respect to the Final Space Plan and the TI Construction Documents. Prior to the preparation of the Final Space Plan, ​ and the Architect shall meet with ​ to discuss ​’s design parameters and Code compliance. Further, ​ shall execute a commercially reasonable architecture contract (the “Architect’s TI Contract”) with the Architect which shall include industry standard compliance with law obligations for the design of the ​ Improvements. ​ shall use commercially reasonable efforts to provide ​ with a non-exclusive direct right of enforcement against the Architect with regard to Architect’s compliance with law obligations under the Architect’s TI Contract.

Architect and Other Design Professionals. ​ shall deliver to ​ fully executed copies of the Architect’s Contract and Other Design Professional’s Agreements, which agreements shall be approved by ​ in its reasonable discretion for the design of the Project. ​’s Architect and Other Design Professionals shall have executed and delivered to ​ an original certificate, consenting to the assignment of the Architect’s Contract and the Other Design Professional’s Agreements, substantially in the form of [Exhibit 2.17](i)(iii).

“Trade Contract” shall mean any agreement (other than the Architect’s Contract and the General Contractor’s Agreement entered into by the ​ or by the General Contractor, in which the Trade Contractor thereunder agrees to provide labor and/or materials in connection with the construction of the Improvements.

amend, supplement or otherwise modify the Architect’s Contract, or the General Contractor’s Agreement or any Major Trade Contract, except as provided in paragraph # below, # to increase the amount payable by ​ thereunder, # to lengthen the time for performance of any party thereto other than ​ or # in any other way that could adversely affect ​; or

Proper Contract Documentation. Upon the reasonable request of Agent, not less than ten days after the date on which any new Contracts are tendered to Agent for inclusion in the Collateral (or within 30 days after a Contract becomes a Reconveyed Contract (other than a Permitted Facility Reconveyed Contract), if such Contract continues to be such a Reconveyed Contract at such time), Borrowers shall have:

Notwithstanding anything to the contrary in any Loan Document, no Guarantor shall be deemed under this [Article XI] to be a guarantor of any Swap Obligations if such Guarantor was not an “eligible contract participant” as defined in § 1a(18) of the Commodity Exchange Act, at the time the guarantee under this [Article XI] becomes effective with respect to such Swap Obligation and to the extent that the providing of such guarantee by such Guarantor would violate the Commodity Exchange Act; provided however that in determining whether any Guarantor is an “eligible contract participant” under the Commodity Exchange Act, the guarantee of the Obligations of such Guarantor under this [Article XI] by a Guarantor that is also a Qualified ECP Guarantor shall be taken into account.