Punchlist Items. Landlord shall use commercially reasonable efforts to complete the punchlist items within sixty (60) days following the inspection or such longer period as Landlord and Tenant shall reasonably agree is appropriate.

During the inspection, Landlord’s Architect shall compile a punchlist of items yet to be completed. If Tenant or Tenant’s Architect shall fail to inspect the Base Building Improvements within ten (10) Business Days after the Substantial Completion Date specified in Landlord’s notice, the Base Building Improvements shall be deemed completed and satisfactory in all respects, and the Substantial Completion Date shall be the date set forth in Landlord’s notice. Landlord shall use commercially reasonable efforts to cause the remaining Base Building Improvements to have been completed on or before the Term Commencement Date in accordance with the Building Plans, the correction or completion of which items, collectively, will not substantially interfere with Tenant’s ability to occupy the Premises to commence the Tenant Improvement Work

The Term of the Lease, as it relates to the 5,003 Expansion Premises only, shall commence on the date on which Landlord notifies [[Tenant:Organization]] that Landlord has achieved Substantial Completion of the 5,003 Expansion Work (as hereinafter defined) (the “5,003 Expansion Premises Commencement Date”). “Substantial Completion” as used herein, means when the only items of the 5,003 Expansion Work needed to be completed are punchlist items, the non-completion of which would not delay occupancy, including, without limitation, such details of construction, decoration, mechanical adjustment or installation which do not hinder or impede the use or occupancy of the 5,003 Expansion Premises for its intended use; but if Landlord shall be delayed in such “Substantial Completion” as a result of # [[Tenant:Organization]]'s changes to the plans or specifications attached hereto as [Exhibit A]; # [[Tenant:Organization]]'s request for materials, finishes or installations other than Landlord's standard; # the performance or completion of any work, labor or services by a party employed by [[Tenant:Organization]]; # [[Tenant:Organization]]'s interference or failure to reasonably cooperate with the performance of 5,003 Expansion Work (including without limitation the execution of documents required by the local municipality); # [[Tenant:Organization]]'s failure to approve, or approve subject to adjustments required to reflect the Rental Plan annexed hereto as [Exhibit A], final construction documents within five (5) business days after submission thereof to [[Tenant:Organization]] for approval; # [[Tenant:Organization]]'s failure to provide Landlord with finish specifications for 5,003 Expansion Work within seven (7) days of Landlord's delivery to [[Tenant:Organization]] of a fully-executed copy of this Agreement; or # [[Tenant:Organization]]'s failure to pay the initial installment of Rent (it being understood and agreed that Landlord shall not be required to commence the performance of the 5,003 Expansion Work until all such deliveries and payments have been made) (all such delays being hereinafter referred to as “[[Tenant:Organization]] Delay”); then the 5,003 Expansion Premises Commencement Date shall be accelerated by the number of days of such [[Tenant:Organization]] Delay (however, Landlord shall not be obligated to deliver the 5,003 Expansion Premises to [[Tenant:Organization]] and [[Tenant:Organization]] shall not have the right to occupy the 5,003 Expansion Premises until the 5,003 Expansion Work is “Substantially Completed”). [[Tenant:Organization]] waives any right to rescind this Agreement or the Original Lease under Section 223-a of the New York Real Property Law or any successor statute of similar import then in force and further waives the right to recover any damages which may result from Landlord’s failure to deliver possession of the 5,003 Expansion Premises on the scheduled 5,003 Expansion Premises Commencement Date. Notwithstanding anything to the contrary contained herein, Landlord shall use commercially reasonable efforts to complete any punchlist items within thirty (30) days of Substantial Completion, provided same shall be reasonably capable of completion within such timeframe. Landlord shall complete the 5,003 Expansion Work in accordance with applicable law.

Final Payment. Provided that the Lease is then in full force and effect and Tenant is not in default of any of its obligations under the Lease, including this Agreement, final payment by means of a check made payable to Tenant’s Contractor or as Tenant shall otherwise direct in writing, shall be delivered by Landlord to Tenant following the latest to occur of the following: # Tenant delivers to Landlord invoices from Tenant’s Contractor and each of Tenant’s Agents for labor rendered and materials delivered to the Premises properly executed mechanics lien releases in compliance with both California Civil Code Section 8136 and [Section 8138]; # Tenant’s Architect delivers to Landlord AIA Form G704, certifying that the construction of the Tenant Improvements in the Premises has been substantially completed; # Tenant delivers to Landlord copies of all Permits, licenses, certificates and other governmental authorizations and approvals in connection with, and indicating final approval of, the Tenant Improvement Work, and which will be necessary for the operation of Tenant’s business within the Premises; # Tenant delivers a copy of the recorded Notice of Completion and such other items required in the last sentence of Section 9; # Tenant delivers HVAC and air balancing reports; # Tenant delivers specification cut sheets for all non-Building standard equipment and lighting and manufacturers’ warranties and operating instructions; # original stamped building permit inspection cards with all final sign-offs; # the final punchlist completed and signed off by Tenant’s Architect; and # the satisfaction of any other reasonable requirements or conditions that may be required or imposed by Landlord’s lender with respect to the construction of the Tenant Improvements.