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Construction Contract. Prior to Tenant’s execution of the construction contract and general conditions with Contractor (the “Contract”), Tenant shall submit the Contract to Landlord for its approval, which approval shall not be unreasonably withheld or delayed and shall be granted or denied within three (3) business days upon request. Landlord’s failure to respond within such three (3) business day period shall be deemed approval by Landlord. Prior to the commencement of the construction of the Suites A, B and C-1 Alterations, Tenant shall provide Landlord with a schedule of values consisting of a detailed breakdown, by trade, of the final costs to be incurred or which have been incurred, for all Suites A, B and C-1 Allowance Items in connection with the design and construction of the Suites A, B and C-1 Alterations, which costs form the basis for the amount of the Contract (“Final Costs”). Prior to the commencement of construction of the Suites A, B and C-1 Alterations, Landlord and Tenant shall identify the amount (the “Over-Allowance Amount”) equal to the difference between the amount of the Final Costs and the amount of the Suites A, B and C-1 Allowances (less any portion thereof already disbursed by Landlord, or in the process of being disbursed by Landlord, on or before the commencement of construction of the Suites A, B and C-1 Alterations), and Landlord will reimburse Tenant on a monthly basis, as described in [Section 1.2(b)(ii)] above, for a percentage of each amount requested by the Contractor or otherwise to be disbursed under this Work Agreement, which percentage shall be equal to the Suites A, B and C-1 Allowances divided by the amount of the Final Costs (after deducting from the Final Costs any amounts expended in connection with the preparation of the Construction Drawings, and the cost of all other Suites A, B and C-1 Allowance Items incurred prior to the commencement of construction of the Suites A, B and C-1 Alterations), and Tenant shall be solely responsible for any Over-Allowance Amount. If, after the Final Costs have been initially determined, the costs relating to the design and construction of the Suites A, B and C-1 Alterations shall change, any additional costs for such design and construction in excess of the Final Costs shall be added to the Over-Allowance Amount and the Final Costs, and Landlord’s reimbursement percentage, shall be recalculated in accordance with the terms of the immediately preceding sentence. Notwithstanding anything set forth herein to the contrary, construction of the Suites A, B and C-1 Alterations shall not commence until Tenant has procured and delivered to Landlord a copy of all Permits for the applicable Suites A, B and C-1 Alterations.

Contract Review. Agent shall have received and reviewed all Material Contracts of Companies including leases, union contracts, labor contracts, vendor supply contracts, license agreements and distributorship agreements and such contracts and agreements shall be satisfactory in all respects to Agent;

Contract Laboratories. The Parties may use third party laboratories (hereinafter “Contract Laboratories”) for the performance of certain services, such as sample testing, in a Development Project pursuant to a Schedule. The terms for use of Contract Laboratories shall be set forth in a Schedule, but in the absence of provisions in a Schedule to the contrary, the following general principles shall apply:

Contract Terminations. Parent shall have received each of the contract terminations set forth on [Schedule 2.3(d)(xi)].

Service Contract. During the Term, [[Illumina:Organization]] shall offer and Customer shall purchase and maintain a Service Contract for all [[Illumina:Organization]] Hardware that Customer uses, even if [[Illumina:Organization]] has determined to discontinue/phase out a given piece of [[Illumina:Organization]] Hardware (but in such event, only for a period of […​…] following the date of obsolescence notification from [[Illumina:Organization]] to Customer for the applicable [[Illumina:Organization]] Hardware) or if there is a new version of such [[Illumina:Organization]] Hardware. Existing service contracts that Customer has will terminate on the Effective Date and [[Illumina:Organization]] shall issue Customer a credit for any unused portion. Subject to the terms of the Service Contract and the terms and conditions of this Agreement, [[Illumina:Organization]] will, […​…]:

A one-month notice period is to be provided by either party if this Term Contract has to be terminated prior to May 31, 2022.

Florida Contract. This Agreement shall be deemed a Florida contract and shall be construed according to the laws of the State of Florida, and shall be enforceable, at the option of Lender, in any court of competent jurisdiction in the State of Florida, regardless whether this Agreement is executed by certain of the parties hereto in other states.

Electronic Contract. With respect to each Electronic Contract (or electronically authenticated original record of the executed Contract with respect to Electronic Contracts that do not constitute Electronic Chattel Paper), the Servicer represents that the Administrative Agent holds the Authoritative Copy of such Electronic Contract (or holds the electronically authenticated original record of the executed Contract with respect to Electronic Contracts that do not constitute Electronic Chattel Paper) in the Electronic Vault as pledgee of the Borrower or the Trust, as applicable, for the benefit of the Secured Parties.

Contract Interpretation. All references in this Agreement to Articles, Sections, Exhibits, Appendices or Schedules shall, unless otherwise expressly stated herein, mean the relevant sections, articles, exhibits, appendices or schedules to this Agreement, and the words “hereof,” “herein,” “hereby” and derivative or similar words refer to this Agreement (including any exhibits, appendices or schedules attached hereto). The captions to the several Articles and Sections hereof are not a part of this Agreement, but are merely for convenience to assist in locating and reading the several Articles and CONFIDENTIAL

Contract Documents. The term “Contract Documents” means this Agreement, including the Specifications attached in [Exhibit A], the Contract Drawings, and all other Exhibits hereto, as well as the Basic Design, the Detailed Design, and all duly executed Change Orders. The Production Design is expressly excluded from the Contract Documents.

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