Common use of Construction Documents Clause in Contracts

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant 2.5.1 Upon the City’s authorization, the Consultant shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the City. 2.5.3 The Consultant shall assist the City in preparing and approval, such filing all documents necessary to obtain the approval not to be unreasonably withheld or delayed. Tenant of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for Landlord’s third party plan review feesthe preparation of bid packages to be made available for distribution to all prospective bidders. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The Consultant shall make copies of complete bid packages available at its office nearest to the following schedule (Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the “Time Deadlines”): Concept Plan Within 30 days City for the actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of Section 6.2 of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Agreement. 2.5.5 In the event that Landlord does not approve there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or disapprove Tenantany clarifications issued during the bidding process, the Consultant shall prepare for the City’s proposed Construction Documents within ten (10) business days after receipt thereofapproval written addenda as appropriate to interpret, then Tenant may send clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a second notice manner acceptable to Landlord with a legend in bold the City, and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to have approved address bidders’ questions and comments at any time during the Construction Documents bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in questionthe evaluation of all bids received for determination of compliance with the bidding requirements. All approvalsThe Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, inspectionsnor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and requirements analyze any proposed substitutions of Landlord materials or equipment and shall advise the City with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant Upon written authorization from the AOC to proceed with the Construction Documents, Contractor shall cause Tenant’s Architect to prepare a concept plan perform the following as Basic Services: Prepare, using Design Development documents accepted and program approved by the AOC and such standard documents as may be furnished by the AOC, Construction Documents consisting of working drawings and specifications that set forth in detail all the requirements for construction of the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based designed to promote economy in construction, maintenance, and operation, and to comply with design criteria and cost limitations. Prepare information required for the General Construction Activity Permit [per requirements of the State Water Resources Control Board (SWRCB), available on the approved Concept SWRCB website at ▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇/stormwtr/construction.html] regarding the Storm Water Pollution Prevention Plan (SWPPP), as required for inclusion in the Construction Documents. Such information will be for use by the construction contractor in preparation of the construction contractor’s final SWPPP for the Project site and shall not deviate therefrom for the construction contractor’s use in filing the Notice of Intent with the SWRCB and in meeting any material respect without Landlord’s approvalother county, city, municipality, or other local agency requirements regarding storm water discharges and management. Information and documentation to be given provided typically includes a topographical survey (identifying streams, channels, wetlands, etc.), site map (base map including known hazardous or withheld toxic waste areas), certification page, amendment page, site hydrology (rainfall, watershed management), soil type (site runoff, impervious areas), site and construction area sizes, and discharge sampling and analysis strategy. Furnish to the AOC for review all work at the 50 percent, 90 percent and 100 percent stages of completion. Contractor shall provide copies of the deliverables for the AOC to review as specified in section A.5.g of this Exhibit A. Contractor shall retain record copies of said deliverables. The AOC will review deliverables and either notify Contractor of Acceptance or request modifications. Upon completion of review by the AOC, Contractor shall make all changes and corrections necessary to meet the requirements of the approved Program scope and budget for the Project, at no additional cost to the AOC. Contractor shall respond to each review comment at each stage of completion, indicating the resolution of each item. Obtain stamped approval by the State Fire Marshal and DSA Access Compliance Unit on all drawings/documents as required. Provide design phase scheduling information in the format agreed upon with the AOC at the commencement of Services, for inclusion into the master schedule prepared and updated by the AOC’s selected CM at Risk. Respond to and/or make corrections to the deliverables as a result of a constructability review performed by the AOC and/or the AOC’s selected CM at Risk. Prepare a construction cost estimate at the 50 percent and 100 percent completion stages. Review and comment upon parallel cost estimates prepared by CM at Risk. Prepare Construction Documents in full compliance with applicable building codes, ordinances, and other regulatory authorities. Provide to the AOC, upon written Acceptance by it of the 100 percent complete Construction Documents, completed drawings and specifications on reproducible masters and computer discs containing electronic files, as specified below (Assembly of the Project manual and reproduction of the Construction Documents for distribution to bidders will be provided by the AOC): Drawings - Original full-size drawings plotted on reproducible paper, as determined by the AOC. Each drawing shall bear the stamp and signature of the Contractor and/or subcontractor, and, when required, the approval stamps of the State Fire Marshal and/or DSA Access Compliance Unit. Specifications - Printed copy for all work applicable to the Project; in format complying with the current edition of the Construction Specifications Institute’s “MasterFormat”; as directed by the AOC and in accordance with the terms following: Division 1 - General Requirements shall be prepared in accordance with the AOC’s requirements; as determined for the Project. Supplemental information shall be provided to complete the Project manual, AOC-prepared Bidding Requirements, and General Conditions of this Exhibit 3.1 the Contract for Construction. Where articles, materials, and equipment are identified by brand names, at least two names shall be used, and such names shall be followed by the words “or equal.” Specifications shall not contain restrictions that will limit competitive bids. Exceptions shall only be as permitted by the AOC. The Construction Documents shall bear the stamp and signature of the Contractor and/or subcontractor, and the approval stamps of the State Fire Marshal and/or DSA Access Compliance Unit. Construction cost estimate - will be prepared in both Uniformat and Construction Specification Institute formats, and shall include materials, labor, subcontract costs, and contractor’s indirect costs, overhead, profit, insurance, taxes, and bonds. Notify, immediately and in writing, the AOC if it becomes evident, during development of the Construction Documents for the Project, that the construction cost will exceed the Construction Budget established by the AOC, and cease and hold in abeyance all work until funding differences, scope, and/or criteria are resolved and such changes as may be required are executed. Cost estimates prepared by the CM at Risk do not replace those required of the Contractor, and do not remove the responsibility from the Contractor to design the project within the approved scope of the budget. Upon successful completion of all activities and the successful provision of all deliverables of the Working Drawings Phase specified above, the AOC, the Architect, and the CM shall, in a written and signed document, designate the names, versions, and revision numbers of the final Construction Documents and Master Schedule for the Construction Phase of the Project. Bidding Phase. Bidding process and procedures will be the responsibility of the AOC. Upon written authorization by the AOC to proceed with respect the Bidding Phase, Contractor shall perform the following as Basic Services: Attend pre-bid conference at Project site. Refer all questions concerning intent to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail the AOC for Tenant to be able to reply, within ten (10) business days following response while the proper submission of any Construction DocumentsProject is being advertised for bids. In the event that Landlord does not approve items requiring interpretation of the drawings or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofspecifications are discovered during the bidding period, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord said items shall be deemed analyzed by the Contractor for decision by the AOC as to have approved the proper procedure required. Corrective action taken will be in the form of an addendum prepared by the Contractor and issued by the AOC. The Contractor shall prepare all necessary supplemental drawings at no additional cost to the AOC. Refrain from giving any directions, clarifications, corrections, or other modification of the Bidding Documents either verbally or in writing to any person other than the AOC’s Project Manager. The Project Manager will determine whether the information should be placed in an addendum to be distributed to all bidders. Assist in preparing the construction solicitation documents where required by local laws, ordinances, or at the AOC’s request in such form and manner as to enable the AOC to solicit separate bids and award separate contracts for up to a total of _____ (__) different parts of the Project. Assist the CM at Risk in consideration of and preparing the separate packages for bidding. Construction Phase [Optional: (NIC)]. It is understood that overall construction phase management will be the responsibility of the AOC, and its designated representative. Observation for compliance with the Construction Documents shall be the responsibility of the AOC. Upon written authorization from the AOC to proceed with the Construction Phase, Contractor shall perform the following as Basic Services: Attend the preconstruction meeting with the CM at Risk and the successful construction contractor. Provide the geotechnical engineering Services during grading, excavation, paving and foundation construction in question. All approvals, inspectionsorder to confirm that field conditions conform to the preliminary investigation, and interpret, and advise the construction contractor on requirements of, the Construction Documents related to geotechnical engineering and field conditions. Review the CM at Risk’s construction schedule and schedule of Landlord values, and provide comments thereon to the AOC. Review for conformance with respect to any the Contractor’s design intent applicable submittals and shop drawings; recommend approval, changes or disapproval of same; and keep a record of all submittals and shop drawings received from the construction contractor. Interpretation of the drawings and specifications shall be a joint effort of the AOC, or its designated representative, and the Contractor. In the event that the AOC and the Contractor do not agree, the AOC’s interpretation shall prevail. Furnish all necessary additional drawings for supplementing, clarifying and/or correcting material inconsistencies, errors and omissions in the Construction Documents and Finish Work for any related change orders. Such drawings shall be requested in writing from the Contractor by AOC and shall be at no additional cost to the AOC. The original of the drawings and contract wording for Landlordchange orders shall be submitted to AOC for duplication and distribution. Take an active role in setting the standards of quality expected in the Project, anticipating that such standards will be established via periodic observation of the construction work in progress. Make visits to the job site as requested by the AOC to resolve discrepancies in the Construction Documents and to review the progress of the Project. Contractor shall bring to the attention of the AOC, in writing, any defects or deficiencies in the work by the AOC’s benefit onlyCM at Risk that the Contractor should reasonably observe. The Contractor shall have no authority to issue instructions on behalf of the AOC or to authorize another to do so. Any changes or modifications to the construction contract(s) shall be between the AOC and its CM at Risk. Prepare Record Documents. Record Documents shall include drawings and specifications to record significant changes utilizing information provided by the AOC, the CM at Risk, and change orders. Drawings shall be prepared on the original CAD files. Specifications shall show changes and annotate which of the two “or equal” listed items the CM at Risk furnished. These Record Documents shall be delivered to the AOC at completion of construction and shall be a condition precedent to the AOC’s approval of the Contractor’s final payment. Take part in the final observations and preparation of the punch lists. Make visits to the site after completion of construction but prior to the expiration of the warranty period specified in the construction contract to review for evidence of faulty materials and faulty workmanship. This requirement shall include one (1) visit nine (9) months after completion and not more than two (2) additional visits as the AOC may request within twelve (12) months after completion of construction. The AOC shall ensure that one observation is of landscaping or similar seasonal items that may not be relied on by Tenant (completed at the same time as other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemswork.

Construction Documents. Tenant The Developer shall cause Tenant’s Architect prepare Drawings and Specifications which shall be in a form satisfactory to prepare a concept plan the Authorized City Representative and program the Developer. The “Drawings” are the graphic and pictorial portions of the Construction Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. The “Specifications” are that portion of the Construction Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawingsWork, and performance of related services. The Construction Drawings shall conform to the City’s Engineering Standards for public streets except as such public standards may be upgraded by Agreement of the City and the Developer. It is the intent of the Construction Documents to accomplish a complete and first grade installation in which there shall be installed new products of the latest and best design and manufacturer, and workmanship shall be thoroughly first class, executed by competent and experienced personnel. Details of preparation, construction, installation, and finishing encompassed by the Construction Documents shall conform to the best practices of the respective trades, and the workmanship and construction methods shall be of good quality so as to accomplish a neat and quality finished job. Any Drawings and Specifications that comprise the Construction Documents are instruments of service through which the Work to be executed is described. The City shall own the copyrights on the Drawings and Specifications and will retain all common law, statutory and other reserved rights, in addition to the copyrights. The Authorized City Representative shall have the right to provide the Drawings and Specifications and other documents to another design professional or engineer for information and reference in preparing new Drawings and Specifications and other documents for subsequent improvements, additions or alterations to the Finish Public Infrastructure Improvements. The Authorized City Representative shall have the option but not the obligation to proceed with Public Infrastructure Improvements in the event that Developer ceases for any reason to perform any of its obligations under this Agreement, provided that the City has paid to Developer all amounts due and payable as of the date of Developer’s cessation of performance. However, if an amount due is the subject of a bona fide dispute, including without limitation that the Work was not performed in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents , the Authorized City Representative shall nevertheless be entitled to so use the Drawings and Specifications and other documents, provided that when the dispute with respect to the amount due is resolved, the parties promptly comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 the decision resolving the dispute. All copies of the Drawings and Specifications, except the record set of the Developer, shall be returned or suitably accounted for to the Authorized City Representative, on request, upon final completion of the Public Infrastructure Improvements, and the copy thereof furnished to the Developer is for use solely with respect to approval of plansthe Public Infrastructure Improvements. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant They are not to be able used by the Developer on other projects except projects in Carriage Trails without the specific written consent of the Authorized City Representative. The Developer is authorized to reply, within ten (10) business days following use and reproduce applicable portions of the proper submission Drawings and Specifications appropriate to the execution of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord obligations with respect to the Public Infrastructure Improvements; provided, however, that any Construction Documents reproduction and Finish Work distribution of copies of the Drawings and Specifications by the Developer to the extent necessary to comply with official regulatory requirements or obligations of law shall be for Landlord’s benefit only, may not be relied on by Tenant (construed as an infringement of the copyrights or other than for purposes reserved rights of evidencing Landlord’s consent)the City with respect to the Drawings and Specifications. All copies made under this authorization shall bear the statutory copyright notice, and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work if any, shown on the final, approved Construction Documents, Drawings and Specifications. The Developer agrees that it will deliver to the Authorized City Representative a set of record drawings on the date of Acceptance of the Public Infrastructure Improvements by the Authorized City Representative (pursuant to Section 4.4 hereof) or such earlier date as affected may be reasonably requested by any approved Finish Work Change Orders (the Authorized City Representative. The record drawings shall be in the form of reproducible drawings correctly marked to show the Public Infrastructure Improvements as defined below), completed and shall include all work in detail the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components construction of the Building or any Building systemsPublic Infrastructure Improvements and contain such annotations as may be necessary for someone unfamiliar with the Public Infrastructure Improvements to understand the changes that were made to the original Drawings and Specifications. The Developer may also retain one record set.

Construction Documents. Tenant From the approved Design Development Documents, Consultant shall cause Tenant’s Architect prepare for written approval by City, Final Construction Documents setting forth all design drawings and specifications needed to prepare comprise a concept plan fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and program Final Construction Documents for review and approval by City, which shall include the entire Premises that is consistent with first class office following: A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, Final review shall be referred noted. Consultant shall attach an index of all anticipated drawing sheets necessary to collectively herein as fully define the “Project. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Documents”)Cost in CSI format. All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall Consultant may also be subject authorized to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord include in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions “0” and “1”. Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various engineering disciplines. Assist, if required, in questionobtaining approval by appropriate review agencies. All approvalsAssist, inspectionsif required, with manufacturer or supplier recommendations. Consultant shall include, and requirements will be paid for, City-requested alternates outside of Landlord the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with respect alternates required by the failure of Consultant to any design the Project within the Fixed Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% Documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Finish Work Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be for Landlord’s benefit onlyprovided, may not be relied on by Tenant the Consultant shall submit to the City four (other than for purposes 4) full size copies of evidencing Landlord’s consent)the drawings and specifications, and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work one digital copy in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.pdf format.

Construction Documents. Tenant 2.5.1 Upon the CITY’S authorization, the CONSULTANT shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the CITY. 2.5.2 The CONSULTANT shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the CITY. 2.5.3 The CONSULTANT shall assist the CITY in preparing and approval, such filing all documents necessary to obtain the approval not to be unreasonably withheld or delayed. Tenant of authorities having jurisdiction over the Project. 2.5.4 The CONSULTANT shall be responsible for Landlord’s third party plan review feesthe preparation of bid packages to be made available for distribution to all prospective bidders. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The CONSULTANT shall make copies of complete bid packages available at its office nearest to the following schedule (project site during normal business hours for all prospective bidders. The CONSULTANT shall be reimbursed by the “Time Deadlines”): Concept Plan Within 30 days CITY for the actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Section 6.2. 2.5.5 In the event that Landlord does not approve there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofany clarifications issued during the bidding process, then Tenant may send the CONSULTANT shall prepare for the CITY’S approval written addenda as appropriate to interpret, clarify or expand the Bidding Documents. The CONSULTANT shall make such documents available to all prospective bidders in a second notice manner acceptable to Landlord with a legend in bold the CITY, and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The CONSULTANT shall coordinate with the CITY during the bidding process and be available to have approved address bidders’ questions and comments at any time during the Construction Documents bidding process. The CONSULTANT shall attend the pre-bid meeting, which will be held at a location as specified by the CITY. 2.5.7 The CONSULTANT shall be available as necessary to assist the CITY in questionthe evaluation of all bids received for determination of compliance with the bidding requirements. All approvalsThe CONSULTANT shall not be responsible for performing any investigations or reference checks regarding bidders, inspectionsnor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the CONSULTANT shall assist the CITY as necessary in making such determination. 2.5.8 The CONSULTANT will investigate, study and requirements analyze any proposed substitutions of Landlord materials or equipment and shall advise the CITY with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant The Developer shall cause Tenant’s Architect prepare Drawings and Specifications which shall be in a form satisfactory to prepare a concept plan the Authorized City Representative and program the Developer. The “Drawings” are the graphic and pictorial portions of the Construction Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. The “Specifications” are that portion of the Construction Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawingsWork, and construction documents performance of related services. The Construction Drawings shall conform to the City’s Engineering Standards for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 Public Streets except as such Public Standards may be upgraded by Agreement of the Lease (such plansCity and the Developer. It is the intent of the Construction Documents to accomplish a complete and first grade installation in which there shall be installed new products of the latest and best design and manufacturer, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, workmanship shall be referred to collectively herein as thoroughly first class, executed by competent and experienced personnel. Details of preparation, construction, installation, and finishing encompassed by the “Construction Documents”). All Construction Documents shall comply conform to the best practices of the respective trades, and the workmanship and construction methods shall be of highest quality so as to accomplish a neat and quality finished job. Any Drawings and Specifications that comprise the Construction Documents are instruments of service through which the Work to be executed is described. The City shall own the copyrights on the Drawings and Specifications and will retain all common law, statutory and other reserved rights, in addition to the copyrights. The Authorized City Representative shall have the right to provide the Drawings and Specifications and other documents to another design professional or engineer for information and reference in preparing new Drawings and Specifications and other documents for subsequent improvements, additions or alterations to the Public Infrastructure Improvements. The Authorized City Representative shall have the option but not the obligation to proceed with Applicable Laws Public Infrastructure Improvements in the event that Developer ceases for any reason to perform any of its obligations under this Agreement, provided that the City has paid to Developer all amounts due and payable as of the date of Developer’s cessation of performance, . However, if an amount due is the subject of a bona fide dispute, including without limitation that the Work was not performed in accord with the drawing format Construction Documents, the Authorized City Representative shall nevertheless be entitled to so use the Drawings and specifications Specifications and other documents, provided by Landlordthat when the dispute with respect to the amount due is resolved, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance parties promptly comply with the terms of this Exhibit 3.1 the decision resolving the dispute. All copies of the Drawings and Specifications, except the record set of the Developer, shall be returned or suitably accounted for to the Authorized City Representative, on request, upon final completion of the Public Infrastructure Improvements, and the copy thereof furnished to the Developer is for use solely with respect to approval of plansthe Public Infrastructure Improvements. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant They are not to be able used by the Developer on other projects without the specific written consent of the Authorized City Representative. The Developer is authorized to reply, within ten (10) business days following use and reproduce applicable portions of the proper submission Drawings and Specifications appropriate to the execution of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord obligations with respect to the Public Infrastructure Improvements; provided, however, that any Construction Documents reproduction and Finish Work distribution of copies of the Drawings and Specifications by the Developer to the extent necessary to comply with official regulatory requirements or obligations of law shall be for Landlord’s benefit only, may not be relied on by Tenant (construed as an infringement of the copyrights or other than for purposes reserved rights of evidencing Landlord’s consent)the City with respect to the Drawings and Specifications. All copies made under this authorization shall bear the statutory copyright notice, and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work if any, shown on the final, approved Construction Documents, Drawings and Specifications. The Developer agrees that it will deliver to the Authorized City Representative a set of record drawings on the date Acceptance of the Public Infrastructure Improvements by the Authorized City Representative (pursuant to Section 4.4 hereof) or such earlier date as affected may be reasonably requested by any approved Finish Work Change Orders (the Authorized City Representative. The record drawings shall be in the form of reproducible drawings correctly marked to show the Public Infrastructure Improvements as defined below), completed and shall include all work in detail the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components construction of the Building or any Building systemsPublic Infrastructure Improvements and contain such annotations as may be necessary for someone unfamiliar with the Public Infrastructure Improvements to understand the changes that were made to the original Drawings and Specifications. The Developer may also retain one record set.

Construction Documents. Tenant The work shall cause Tenant’s Architect be performed by Consultant, in conjunction with subconsultants MGAC, KPFF, Englekirk Institutional, NOVUS, Darkhorse Lightworks, KSA, and Technical Resources Consultants. 1. Based on approved Design Development Documents and the approved updated project Construction Budget, the Consultant shall prepare, for approval by City, Construction Documents consisting of drawings and other documents setting forth in detail the requirements for construction of the Project. The Consultant shall prepare complete drawings and specifications as are necessary for developing complete bids and for properly executing the Project work. Drawings and specifications shall set forth in detail all of the following: 1) the Project construction work to be done; 2) the materials, workmanship, finishes, and equipment required for the Project; and 3) the utility service connection equipment and site work. 2. Consultant shall prepare a concept plan and program Storm Water Pollution Prevention Plan (SWPPP) which will include Best Management Practices (BMP’s) that outline standard practices that can be implemented to decrease the discharge of pollutants into storm drains during construction operation on the site. 3. Consultant shall submit a written Estimated Project Construction Cost for the entire Premises that is project based on the Construction Document Phase Documents at 90% completion. Construction Document Phase Documents shall be consistent with first class office the Project Construction Budget and laboratory use if not in conformance shall be revised until approved in writing by the City. 4. All cost estimates will be reconciled with an City/Project Management Cost Estimate developed by an independent third-party cost estimator. The City shall prepare at City’s discretion and at its own expense the independent third-party estimate of probable construction costs. The Consultant shall attend one (1) cost reconciliation meeting at each Construction Document milestone with the “Concept Plan”), schematic design drawings, design development drawingsCity’s third-party cost estimator for the purpose of reconciling the 90% Construction Document Estimated Project Construction Cost. 5. The City’s Contract Officer and the Consultant shall meet to review the provisional 100% Construction Documents and Cost Estimate to reach agreement on any City-authorized adjustment to the approved Project schedule or construction budget and identify any necessary clarifications of the provisional Construction Documents and Cost Estimates. 6. The parties agree that the Consultant, and construction documents for not the Finish Work in accordance City, possess the requisite expertise to determine the constructability of the Construction Documents. However, the City reserves the right to conduct one or more constructability review processes with the provisions Construction Documents, and to hire an independent architect or other consultant to perform such reviews. Any such independent constructability reviews shall be at the City’s expense. 7. Consultant shall make all City-requested changes, additions, deletions, and corrections in the Construction Documents which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of the public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or with Consultant’s professional judgment. If such changes are inconsistent with prior City direction, Consultant shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Exhibit 3.1 Agreement. 8. Unless the City agrees otherwise in writing, the Consultant shall revise provisional Construction Documents and Article 8 of Cost Estimates to reflect adjustments and clarifications agreed upon in the Lease (such plansreview meeting and resubmit Construction Documents and Cost Estimates to the City. Once approved, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All revised Construction Documents shall comply become the final 100% Construction Documents. 9. The Consultant shall provide two (2) sets full size (30” x 42”) and half size (15” x 21”) hard copies at 50% Construction Documents for City review and input. Changes directed by City which are inconsistent with Applicable Laws and with the drawing format and specifications provided by Landlord, and prior City direction shall be subject made by the Consultant and compensated as Additional Services. The scope of and compensation for such changes shall be mutually agreed upon by the Consultant and City before such changes are initiated. 10. Revise the 50% Construction Documents and submit another two (2) set of documents at 90% Construction Documents for City review and input. Changes directed by City which are inconsistent with prior City direction shall be made by the Consultant and compensated as Additional Services. The scope of and compensation for such changes shall be mutually agreed upon by the Consultant and City before such changes are initiated. 11. Consultant shall submit two (2) sets of 90% Construction Documents for submittal to Landlord’s the Building and Safety Department for review and approval, such approval not to be unreasonably withheld or delayed. 12. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver Complete corrections on the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The 100% Construction Documents shall be based on as required by the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, various City departments to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to obtain final approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in questionfor bidding purposes. 13. All approvals, inspections, Provide a final Cost Estimate and requirements Project Schedule to confirm the project is on target. 14. Submit two (2) sets of Landlord with respect to any approved 100% Construction Documents and Finish Work shall be Specifications for LandlordCity’s benefit only, may not be relied records and electronic copies on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsa CD along with a flash drive.

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract containing the written consent of Tenant's general contractor to such assignment provided that Landlord assumes in writing all obligations of Tenant under said contract, (c) a copy of the architect's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract containing the written consent of Tenant's architect to approval such assignment provided that Landlord assumes in writing all obligations of plans. Landlord shall review Tenant under said contract, and approve, or disapprove by written notice in sufficient detail for Tenant (e) a list of all subcontractors and materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein, then provided Landlord shall not have approval rights over Tenant's architect's contract or the general contractor's contract. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsIn addition, inspectionsLandlord may condition its approval of a general contractor upon Tenant obtaining a performance bond and labor and materials payment bond, each in an amount equal to one hundred percent (100%) of the estimated cost of the Tenant Improvements and requirements in a form acceptable to Landlord, in the event Landlord reasonably determines that such bonds are necessary to ensure lien-free completion of Landlord with respect the Tenant Improvements. Landlord's failure to any Construction Documents and Finish Work shall be for Landlord’s benefit onlydisapprove a contractor, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or materials supplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. Tenant shall cause Tenantprovide to Landlord for Landlord’s Architect to prepare approval a concept plan draft set of complete construction plans, specifications and program for the entire Premises that is consistent with first class office and laboratory use documents (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Draft Tenant Construction Documents”)) ready for permitting for the construction of Tenant’s Work. All The Draft Tenant Construction Documents shall comply clearly indicate the location of all access points for the Leased Property, all utilities to be brought onto the Leased Property (including, without limitation, the location and dimensions of any easements proposed therefor), the size and location of all buildings to be constructed or located upon the Leased Property and all interior plans for such buildings and improvements, including partitions, fixtures, electrical components, mechanical components, and restroom(s) required for the finish of the Premises. Landlord shall have 30 days to respond to the Draft Tenant Construction Documents and either approve such documents or provide requested revisions thereto. If applicable, Tenant shall thereafter have 10 days to revise such Draft Tenant Construction Documents based on Landlord’s requested revisions. Upon Landlord and Tenant’s agreement on the Draft Tenant Construction Documents, Tenant shall submit to Landlord four (4) sets of complete construction plans, specification and documents (the “Tenant Construction Documents”) ready for permitting for the finish of the Premises. Prior to Tenant seeking construction permits for Tenant’s Work and/or construction, Tenant shall provide written notice thereof to Landlord and Landlord will provide Tenant with Applicable Laws a letter releasing Tenant to permitting or initiation of construction, as the case may be. All permits for Tenant’s Work will be obtained by Tenant and with its sole cost and expense. Notwithstanding the drawing format and specifications provided foregoing or anything to the contrary set forth in this Work Letter or the Lease, any easement which may be necessary or desirable for the performance of Tenant’s Work or the operation of the Premises may only be granted by Landlord, and which easements shall be subject to Landlord’s review upon such terms and approvalconditions, benefit such approval not to third parties and be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to in such locations as Landlord may determine in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s its sole but reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsdiscretion.

Construction Documents. Tenant shall cause Tenant’s Architect Phase 2 3.10.1 On the basis of the accepted Design Development Documents, prepare 3.10.2 Provide technical criteria, written descriptions and design data required for obtaining approvals of such private entities and governmental authorities as have jurisdiction to prepare a concept plan review or approve the final design of the Project, and program for take the entire Premises that is consistent lead role in consultations with first class office and laboratory use (appropriate authorities. 3.10.3 Furnish the “Concept Plan”)above documents, schematic design drawings, design development drawingscalculations, and construction specifications to and review them with City for approval within the time indicated in the approved Project Schedule at increments of at least 30%, 60% and 100% completion of the Construction Documents. After City's approval of the final Construction Documents, said documents for the Finish Work in accordance shall be deemed to be incorporated as Contract Documents. Design-Builder shall not proceed with the provisions of this Exhibit 3.1 construction phase unless and Article 8 until it receives City's written approval of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents or portions thereof. 3.10.4 Design-Builder shall comply with Applicable Laws and with the drawing format submit Construction Documents to City setting forth in detail drawings and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible describing the requirements for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days construction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 Work. The Construction Documents shall be based on consistent with the approved Concept Plan latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The Parties shall have a design review meeting to discuss, and City shall not deviate therefrom review and approve in any material respect without Landlord’s approvalwriting, to be given or withheld the Construction Documents in accordance with the terms procedures set forth herein. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit two sets of this Exhibit 3.1 approved Construction Documents to City prior to commencement of construction. 3.10.5 The Design-Builder shall prepare Construction Documents for the entire Project in full compliance with respect all applicable building codes, ordinances, and other regulatory authorities. The Construction Documents shall, at a minimum, comply with all applicable California State Building Codes to approval of plansinclude, but not limited to, Title 8 (Industrial Relations), Title 17 (Public Health), and Title 24 (Building Standards). Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant The completed Construction Documents are to be able delivered to reply, within City and shall consist of the following: (1) Drawings - Provide one reproducible original and ten (10) business days following printed copies of all approved Construction Document drawings. Provide one copy of all approved Construction Document drawings on a USB drive using Computer-Aided Design (CAD) software, using the proper submission latest version of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within AutoCAD; and (2) Specifications - Provide an original and ten (10) business days after receipt thereofprinted copies of approved specifications, then Tenant may send bound and organized. Provide approved specifications on USB drives for all sections for all work applicable to the Project in a second notice format complying with the current edition of the Construction Specifications Institute’s "Master Format," as directed by the City in accordance with the following: a. Electronic computer software in Microsoft Word, latest version for Windows. b. For articles, materials and equipment identified by brand names, at least two names shall be used, and such names shall be followed by the words "or equal." Specifications shall not contain restrictions that will limit competitive bids. Exceptions shall only be permitted by California Public Contract Code § 3400. c. All USB drives produced shall be clearly labeled to Landlord indicate files contained and date produced. 3.10.6 City's review and approval of interim design submissions and the Contract Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with a legend in bold the requirements of the Work. Neither City's review nor approval of any interim design submissions and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord Construction Documents shall be deemed to have approved transfer any design liability from Design-Builder to City. City’s review and approval of required submittals shall not relieve Design-Builder from the Construction Documents in question. All approvals, inspections, and responsibility for any variation from the requirements of Landlord with respect the Contract Documents unless Design-Builder has, in writing, called City’s attention to any Construction Documents each such variation at the time of submission and Finish Work shall be for Landlord’s benefit only, may not be relied on City has given written approval of each such variation by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for specific written notation thereof incorporated in or accompanying the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemssubmittal.

Construction Documents. Tenant Based on the approved Design Development Documents, the Architect/Engineer shall cause Tenant’s Architect to prepare a concept plan prepare, for review and program for written approval by the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Design-Builder, schematic design drawings, design development drawingsOwner, and governmental authorities having jurisdiction over the Work, including such revisions as may be reasonably necessary to secure such approvals, Construction Documents setting forth in detail the requirements for construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with Project. When the Concept Plan, shall be referred to collectively herein as Architect/Engineer submits the “Construction Documents”). All Construction Documents , the Architect/Engineer shall comply with Applicable Laws identify in writing any material changes and with deviations from the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 approved Design Development June 15, 2019 Construction documents For pricing/permits Documents incorporated by the Architect into said documents. Printed and GMP July 15, 2019 The Construction reproducible sets of these Documents shall be based on provided to the approved Concept Plan Design-Builder and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the Owner as required by the terms of this Exhibit 3.1 Prime Contract. Following completion of the Construction Documents, the Architect/Engineer shall cooperate with respect to approval of plans. Landlord the Design-Builder in updating the schedule. 3.2.3.1 The Architect/Engineer shall review laws, regulations, and approve, or disapprove by written notice codes (collectively referred to hereafter as “Laws and Regulations”) applicable to the Architect/Engineer’s Services and shall exercise usual and customary professional skill and care in sufficient detail for Tenant its efforts to be able to reply, within ten (10) business days following comply with such Laws and Regulations in effect as of the proper date of submission of any the Construction Documents. In However, the event that Landlord does Architect/Engineer shall not approve be required to, and will not, render any decision, interpretation or disapprove Tenantrecommendation regarding questions of a legal nature or which may be construed as constituting a legal opinion. The Architect/Engineer shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. Changes to any Laws and Regulations, or requirements of governmental authorities after the effective date of this Agreement may be the basis for modifications to the Design-Builder’s proposed Construction Documents within ten (10) business days after receipt thereofresponsibilities or to the Architect/Engineer’s Services, then Tenant may send a second notice to Landlord with a legend in bold schedule, and/or compensation. If, during the Architect/Engineer’s review of applicable Laws and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspectionsRegulations, and requirements imposed by governmental authorities having jurisdiction over the Project, the Architect/Engineer identifies any conflict between such Laws and Regulations, and/or such requirements, the Architect/Engineer shall notify the Design-Builder of Landlord with respect to any Construction Documents the nature and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes impact of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the samesuch conflict. The Finish Work shall mean Design-Builder agrees to cooperate and work with the work shown on the final, approved Construction Documents, as affected by Architect/Engineer in an effort to resolve any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1such conflict. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems3.2.4 NOT USED.

Construction Documents. Tenant 1.5.1 Upon the Owner’s authorization, the Consultant shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the Owner. 1.5.2 The Consultant shall assist the Owner in preparing and filing all documents necessary to Landlord’s review and approval, such obtain the approval not to be unreasonably withheld or delayed. Tenant of authorities having jurisdiction over the Project. 1.5.3 The Consultant shall be responsible for Landlord’s third party plan review feesthe preparation of bid packages to be made available for distribution to all prospective bidders. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The Consultant shall make copies of complete bid packages available at its office nearest to the following schedule (project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the “Time Deadlines”): Concept Plan Within 30 days Owner for the actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Section 5.4. 1.5.4 In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofthere are amendments to the bid packages, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect amendments to any Construction Documents and Finish Work of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent)make such documents available to all prospective bidders in the same manner as the original bid packages, and shall not affect Tenant’s responsibility be reimbursed for the sameactual costs of reproduction at the same rate specified in Section 1.5.4.1 There shall be no additional charges for amendments or clarifications other than as provided in Section 1.5.4. 1.5.5 The Consultant shall coordinate with the Owner during the bidding process and be available to address bidders’ questions and comments at any time during the bidding process. The Finish Work Consultant shall mean attend and direct the work shown on the finalpre-bid meeting, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if held at a location as specified by the matter concerns the Finish WorkOwner. 1.5.6 The Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building nor shall it be responsible for determining whether a bid is responsive or any Building systemsa bidder is responsible.

Construction Documents. Tenant The Mayor shall cause Tenant’s Architect be entitled to prepare a concept plan review and program approve the Final Construction Documents for the entire Premises that is consistent with first class office and laboratory use (Project. Center shall have no unilateral authority to initiate any substantial changes to the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for Construction Documents which affect either the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 exterior of the Lease (building to be constructed by Center on the Redevelopment Site or the City Improvements described in Section 602 above; and shall provide a copy of all such plans, and any interim plans submitted requested changes to Landlord in connection therewith, together with the Concept Plan, Urban Development Director for approval which approval shall not be unreasonably withheld. The City shall be referred deemed to collectively herein as have approved such changes unless Center receives written notice from the “Construction Documents”)City withholding the City’s approval of such change within fourteen (14) days after the City’s receipt of the proposed change from Center. All The City shall submit any material changes in the Construction Documents affecting the City Improvements to Center for approval which approval shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayedwithheld. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord If Center in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be good faith denies such changes based on cost, the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, City either withdraw the request for such change or provide additional funding to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plansmake such changes. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord Center shall be deemed to have approved the submitted changes unless the City receives written notice of Center withholding approval within fourteen (14) days after receipt of the proposed change. Center shall be obligated to pay the additional costs and fees of the Architect incurred as a result of withholding approval. Center may submit requested changes to the Construction Documents that apply to the Redeveloper Improvements to the Mayor for approval, which approval shall not be unreasonably withheld. If the amendments thereto are in question. All approvals, inspectionsconformance with the Project and this Agreement, and requirements of Landlord with respect to any Construction Documents and Finish Work the Mayor in his or her sole discretion approves the same, then Center shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), obligated to pay the additional costs and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components fees of the Building or any Building systemsArchitect incurred as a result of such changes which shall be deemed a part of improvements required to be completed by Center under this Agreement.

Construction Documents. A preliminary space plan for the ---------------------- Improvements (the "Space Plan") dated September 20, 1995 and attached hereto as Exhibit C, has previously been prepared by ▇.▇. ▇▇▇▇ & Associates (the "Architect") and delivered to Tenant. By January 15, 1995, Tenant shall furnish to the Architect such information as may be necessary to finalize the Space Plan. Landlord shall cause Tenant’s the Architect to prepare a concept plan and program deliver the final Space Plan to Tenant within three (3) business days after the Architect has received all information from Tenant necessary for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 preparation of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Space Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant respond to be able to reply, the final Space Plan within ten three (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (103) business days after receipt thereof, specifying any changes or modifications Tenant desires in the Space Plan. If necessary, the Architect will then revise and resubmit the revised final Space Plan to Tenant may send for its approval within two (2) business days after receiving Tenant's comments. Tenant shall review and approve any such revised final Space Plan within two (2) business days of receipt thereof. After the Space Plan is finalized, Landlord shall cause to be prepared and submitted to Tenant a second notice preliminary cost estimate and detailed plans and specifications sufficient to Landlord with a legend in bold permit the construction of the Improvements ("Construction Documents"). Tenant shall review and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails respond to approve or disapprove of such Tenant plans the Construction Documents within five (5) business days following delivery of such second noticeafter receipt thereof, specifying any changes or modifications Tenant desires in the Construction Documents. If necessary, the Architect will then Landlord shall be deemed to have approved revise and resubmit the Construction Documents in questionto Tenant for its approval. All approvalsTenant shall review and approve any such revised Construction Documents within three (3) business days of receipt thereof. If necessary, inspections, and requirements of Landlord will provide Tenant with respect to any a revised cost estimate. Tenant shall approve or disapprove the same within three (3) business days after receipt. The revised Construction Documents and Finish Work cost estimate, as approved by Tenant, are hereinafter referred to as the "Final Construction Documents" and "Final Cost Estimate" (respectively). If Tenant fails to furnish information and give its written approval of any of the foregoing items within the time periods provided above, Tenant shall be responsible for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), all additional costs and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documentsdelays arising from its failure to so timely approve or disapprove such items, as affected by any approved Finish Work Change Orders (as defined provided below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for 2.3.3.1 Based on the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawingsdocuments and any adjustments to that design, and the proposed schedule, or Project budget authorized by the City, the Consultant shall prepare construction documents consisting of drawings and specifications setting forth in detail the requirements for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 construction of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.3.3.2 The Consultant shall review its estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the City. 2.3.3.3 When the construction documents are approximately 90% complete, the Consultant shall assist the City in preparing and approval, such filing all documents necessary to obtain the approval not to be unreasonably withheld or delayed. Tenant of all authorities having jurisdiction over the Project. 2.3.3.4 The Consultant shall be responsible for Landlordthe preparation of bid packages to be made available for distribution to all prospective bidders via the City’s third party plan review feeselectronic procurement system. Tenant Such packages shall deliver include electronic copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord be based. All electronic documents shall be provided in accordance an Americans with Disabilities Act (ADA) compliant format (except for plans, only the following schedule (descriptive list will be provided in this format). The City reserves the “Time Deadlines”): Concept Plan Within 30 days right to elect paper copies if deemed necessary and, if elected, the Consultant shall make copies of complete bid packages available at its office nearest to the Project site during normal business hours for all prospective bidders. The Consultant shall be reimbursed by the City for the actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of Section 5.2 of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Agreement. 2.3.3.5 In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofthere are amendments to the bid packages, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvals, inspections, and requirements of Landlord with respect amendments to any Construction Documents and Finish Work of the documents contained with the bid packages, or any clarifications issued during the bidding process, the Consultant shall be prepare for Landlordthe City’s benefit onlyapproval written addenda as appropriate to interpret, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent)clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a manner acceptable to the City, and shall not affect Tenant’s responsibility be reimbursed for the same. The Finish Work shall mean actual costs of reproduction at the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work same rate specified in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsSection 2.3.

Construction Documents. Tenant From the approved Design Development Documents, Consultant shall cause Tenant’s Architect prepare for written approval by City, Final Construction Documents setting forth all design drawings and specifications needed to prepare comprise a concept plan fully biddable, permittable, constructible Project. Consultant shall produce 30%, 60%, 90% and program Final Construction Documents for review and approval by City, which shall include the entire Premises that is consistent with first class office following: A Drawing Cover Sheet listing an index of all number of drawings by each discipline. Drawings not included in the 30%, 60%, 90% and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, Final review shall be referred noted. Consultant shall attach an index of all anticipated drawing sheets necessary to collectively herein as fully define the “Project. The updated Project Development Schedule to include an outline of major construction milestone activities and the recommended construction duration period in calendar days. An updated Statement of Probable Construction Documents”)Cost in CSI format. All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall Consultant may also be subject authorized to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord include in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents approved additive and/or deductive alternate bid items, to permit City to award a Construction Contract within the limit of the budgeted amount. A Project Specifications Index and Project Manual with at least 30%, 60%, 90% and Final of the Specifications completed. Documents submittal shall also include all sections of Divisions “0” and “1.” Perform an internal review and check the structural design and the structural Contract Documents including the interrelationship of the Primary Structural System with the designs prepared by other design disciplines. The prime design professional is responsible for overall coordination of the various engineering disciplines. Assist, if required, in questionobtaining approval by appropriate review agencies. All approvalsAssist, inspectionsif required, with manufacturer or supplier recommendations. Consultant shall include, and requirements will be paid for, City-requested alternates outside of Landlord the established Project scope or that are not constructed due to a lack of funds. No fee will be paid by City in connection with respect alternates required by the failure of Consultant to any design the Project within the Fixed Limit of Construction Cost. Consultant shall not proceed with further construction document development until approval of the 30% documents is received in writing from City. Approval by City shall be for progress only and does not relieve Consultant of its responsibilities and liabilities relative to code compliance and to other covenants contained in this Agreement. Consultant shall resolve all questions indicated on the documents and make all changes to the documents necessary in response to the review commentary. The 30% documents review (check) set shall be returned to City upon submission of 60% complete Construction Documents and Finish Work Consultant shall provide an appropriate response to all review comments noted on these previously submitted documents. Of the seven (7) copies to be for Landlord’s benefit onlyprovided, may not be relied on by Tenant the Consultant shall submit to the City four (other than for purposes 4) full size copies of evidencing Landlord’s consent)the drawings and specifications, and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work one digital copy in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.pdf format.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)A. Artist, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Planat City's option, shall be referred to collectively herein responsible for the preparation of any drawings depicting both the fabrication and installation of the Artwork as proposed by the Design Development Proposal (the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant Artist shall be responsible for Landlord’s third party plan review feesobtaining any and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. Tenant shall deliver The Construction Documents for the following Artwork are subject to Landlord approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with the following schedule City's standard specifications as described below in subpart E (the “Time DeadlinesCity's Standard Specifications”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 ). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be based on applicable to this Agreement. References in the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, Standard Specifications to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVALContractor” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved mean Artist, including without limitation, Artist's subcontractors. To the Construction Documents extent that the City's Standard Specifications conflict with the provisions set forth in question. All approvalsthis Agreement, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work this Agreement shall be control. F. Artist is responsible for Landlord’s benefit only, all applicable Underwriters Laboratory (UL) approvals as they may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsapply.

Construction Documents. Tenant 5.1 Architect shall cause Tenant’s Architect to prepare a concept plan and program Construction Documents for the entire Premises that is consistent with first class office and laboratory use Project. When the Construction Documents are complete to a level of approximately fifty percent (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 50%) of the Lease (such plansdetail required by the Standards, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, Architect shall be referred to collectively herein as the “Construction Documents”). All submit Preliminary Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlordfor Owner’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan comment. 5.2 After review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15Preliminary Construction Documents under Section 4.8 of the Agreement, 2019 Design Development June 15, 2019 Architect submit for Owner’s review complete Construction documents For pricing/permits and GMP July 15, 2019 Documents. 5.3 The Construction Documents shall include, at a minimum, all the drawings and specifications required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without LandlordOwner’s approvalstandard form therefor, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed modified only to have approved the extent necessary to fit specific requirements of the Project. 5.4 If the Project includes landscape development, the Construction Documents in question. All approvalsshall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials. 5.5 Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, inspectionsincluding separate estimates of the Cost of the Work for bid alternates, and requirements a valuation of Landlord the Work to be submitted to the AHJ in connection with respect its plan review. 5.6 Architect shall submit to any the AHJ all copies of Construction Documents required for its plans review. If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and Finish Work shall be other applicable agencies for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes payment of evidencing Landlord’s consent)plans review fees, and Owner shall not affect Tenant’s responsibility for pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below)Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and shall include all work in revise the “Tenant” column Construction Documents to implement the selected approach that complies with AHJ requirements. 5.7 If Owner is unable to secure one or more bona fide bids from qualified contractors based on the allocation of responsibility attached as Attachment 1. Where Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than one type the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of material or structure is indicated on Architect occurring between the approved date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will shall be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.Additional Services. 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Construction Documents. Tenant 2.5.1 Upon the CITY’S authorization, the CONSULTANT shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the CITY. 2.5.2 The CONSULTANT shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the CITY. 2.5.3 The CONSULTANT shall assist the CITY in preparing and approval, such filing applicable documents to obtain the approval not to be unreasonably withheld or delayed. Tenant of authorities having jurisdiction over the Project. 2.5.4 The CONSULTANT shall be responsible for Landlord’s third party plan review feesthe preparation of bid packages to be made available for distribution to all prospective bidders. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The CONSULTANT shall make copies of complete bid packages available at its office nearest to the following schedule (project site during normal business hours for all prospective bidders. The CONSULTANT shall be reimbursed by the “Time Deadlines”): Concept Plan Within 30 days CITY for the actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Section 6.2. 2.5.5 In the event that Landlord does not approve there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereofany clarifications issued during the bidding process, then Tenant may send the CONSULTANT shall prepare for the CITY’S approval written addenda as appropriate to interpret, clarify or expand the Bidding Documents. The CONSULTANT shall make such documents available to all prospective bidders in a second notice manner acceptable to Landlord with a legend in bold the CITY, and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The CONSULTANT shall coordinate with the CITY during the bidding process and be available to have approved address bidders’ questions and comments at any time during the Construction Documents bidding process. The CONSULTANT shall attend the pre-bid meeting, which will be held at a location as specified by the CITY. 2.5.7 The CONSULTANT shall be available as necessary to assist the CITY in questionthe evaluation of all bids received for determination of compliance with the bidding requirements. All approvalsThe CONSULTANT shall not be responsible for performing any investigations or reference checks regarding bidders, inspectionsnor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the CONSULTANT shall assist the CITY as necessary in making such determination. 2.5.8 The CONSULTANT will investigate, study, and requirements analyze any proposed substitutions of Landlord materials or equipment and shall advise the CITY with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant 5.1 Architect shall cause Tenant’s Architect to prepare a concept plan and program Construction Documents for the entire Premises that is consistent with first class office and laboratory use Project. When the Construction Documents are complete to a level of approximately fifty percent (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 50%) of the Lease (such plansdetail required by the Standards, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, Architect shall be referred to collectively herein as the “Construction Documents”). All submit Preliminary Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlordfor Owner’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan comment. 5.2 After review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15Preliminary Construction Documents under Section 4.8 of the Agreement, 2019 Design Development June 15, 2019 Architect submit for Owner’s review complete Construction documents For pricing/permits and GMP July 15, 2019 Documents. 5.3 The Construction Documents shall include, at a minimum, all the drawings and specifications required of construction documents by Section 00001 of the Standards. Architect shall prepare all of the specifications for the Project in conformance with the Standards. Division 1 of the specifications (General Requirements) shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without LandlordOwner’s approvalstandard form therefor, to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord which shall be deemed modified only to have approved the extent necessary to fit specific requirements of the Project. 5.4 If the Project includes landscape development, the Construction Documents in question. All approvalsshall include a soils analysis that evaluates the appropriate soils amendments needed for healthy growth of the proposed plant materials.‌‌‌ 5.5 Architect shall prepare and submit with the Construction Documents a detailed final estimate of the Cost of the Work, inspectionsincluding separate estimates of the Cost of the Work for bid alternates, and requirements a valuation of Landlord the Work to be submitted to the AHJ in connection with respect its plan review. 5.6 Architect shall submit to any the AHJ all copies of Construction Documents required for its plans review. If review by other agencies is required by the AHJ, Architect shall submit copies of the Construction Documents to those agencies. Architect shall notify Owner of the exact amounts due to the AHJ and Finish Work shall be other applicable agencies for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes payment of evidencing Landlord’s consent)plans review fees, and Owner shall not affect Tenant’s responsibility for pay such amounts directly to such agencies. If such agencies require any modifications to or disapprove any features of the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below)Architect shall advise Owner of such comments, advise Owner regarding alternative design approaches, and shall include all work in revise the “Tenant” column Construction Documents to implement the selected approach that complies with AHJ requirements. 5.7 If Owner is unable to secure one or more bona fide bids from qualified contractors based on the allocation of responsibility attached as Attachment 1. Where Bid Documents at a price at which the Construction Cost will not exceed Owner’s approved budget for the Construction Cost, Architect shall revise the Construction Documents prepared by Architect to make changes acceptable to Owner to enable Owner to secure bids from reliable contractors at not more than one type the budgeted cost; provided, however, that if the difference between the authorized budgeted cost and the Construction Cost, as revealed by the bids, is due to an increase in building costs, as substantiated by indices and data secured from reliable sources, or to other circumstances beyond the control of material or structure is indicated on Architect occurring between the approved date of Architect's estimate of the Construction Cost under Section 5.5 above and the date when bids are opened, such revision of the Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will shall be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.Additional Services. 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Construction Documents. Tenant Upon receipt of a Notice to Proceed from the Director for Phase 3 of the project, the Designer shall cause Tenant’s Architect to prepare a concept plan meet as necessary with agents of the OFFICE and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions Scope of this Exhibit 3.1 Services mentioned in Phase 1 shall prepare and Article 8 submit to the Director on or before the date of time specified in the Notice to Proceed or any other supplement thereto, complete working plans and specifications in sufficient detail to permit firm bids in open competition for construction of the Lease (such plansproject, and any interim a detailed cost estimate. Said plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the design development, outline specifications and construction cost estimate approved Concept Plan in Phase 2 of the Project, the Notice to Proceed with Phase 3, or any subsequent modification thereto. The detailed estimate of the cost of the Project shall include quantities of all materials and unit prices of labor and materials as well as a cost estimate for each item of work. Such working plans and specifications and cost estimates shall be subject to the written approval of the Director. The Designer shall furnish to the Director for approval six (6) sets of the said plans, specifications and construction cost estimates. From the approved working plans and specifications, with changes incorporated as so endorsed, the Designer shall prepare and transmit to the Director a set of reproducible plans on cloth or mylar, (4 mil.) and original specifications on high quality white bond paper properly packaged, suitable for blueprinting, (other suitable methods are subject to the prior approval of the Director), which shall become the property of the Town. One (1) set of prints, blue or blackline, and specifications shall be submitted with the reproducibles. The OFFICE will prepare the contract documents, including advertisements, for receipt of proposals from construction contractors, and execution of a construction contract or contracts unless such preparation is part of the Scope of Services mentioned in Phase 1. If requested by the OFFICE the Designer shall prepare all addenda. The Designer shall conduct a qualification review of the low bidder and shall not deviate therefrom in any material respect without Landlord’s approval, transmit its recommendation as to be given or withheld in accordance with the terms award of this Exhibit 3.1 with respect the construction contract to the OFFICE. If within six months after approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved the Construction Documents in question. All approvalsfinal form the bids of the lowest responsible and eligible bidders exceed the fixed limit construction cost, inspectionsthe Designer shall, if so instructed in writing by the Director, provide such revised working plans and specifications, and requirements construction cost estimates as the Director shall require for the purpose of Landlord bringing the cost within the fixed limit construction cost; provided the Designer may in connection with respect such revision make reasonable adjustments in the scope of the Project subject to any Construction Documents and Finish Work the written approval of the Director which approval shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and unreasonably withheld. The Designer shall not affect Tenant’s responsibility be paid additional compensation for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemssuch services.

Construction Documents. Tenant The Construction Documents Phase shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance commence with the provisions of this Exhibit 3.1 Owner’s and Article 8 Agency’s approval of the Lease (such plans, Design Development and any interim plans submitted to Landlord in connection therewith, together shall be complete with the Concept PlanOwner’s and Agency’s approval of the Construction Documents. For applicable disciplines, the Construction Documents Phase effort shall be referred to collectively herein as meet the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days ” section of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricingOwner’s “Performance and Document Submission Requirements” document posted under the A/permits and GMP July 15, 2019 E Services area of the Owner’s web site at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/. The Construction Documents shall be Architect/Engineer shall: based on the approved Concept Plan Design Development Documents and any further adjustments authorized by the Owner in the program, scope, quality, schedule, or construction budget, the Architect/Engineer, utilizing data and estimates prepared by the Construction Manager, shall not deviate therefrom in any material respect without Landlord’s approvalprepare, to be given or withheld for approval by the Owner, Construction Documents in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord Agreement; shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved base the Construction Documents upon any reconciled items in question. All approvalswhich shall establish and describe the size and character of the Project as to architectural, inspectionsstructural, mechanical and electrical systems, materials and such other elements for the Owner’s and CM/GC’s review, comment, input, and analysis; as requested by the Owner or CM/GC, provide drawings and other documents which depict the current status of design development for the Owner's review and the CM/GC's information and use; in the further revisions and development of the drawings and specifications during this phase of design, the Architect/Engineer shall be entitled to assume the accuracy of the estimates of Construction Cost which are to be provided by the CM/GC under the CM/GC's pre-construction services agreement with the Owner but shall provide independent cost analysis of the CM/GC’s estimates; should discrepancies arise between the CM/GC’s and the Architect/Engineer’s estimates, systems, data, materials equipment, etc., the Architect/Engineer shall coordinate and perform resolution of the discrepancies prior to the Owner’s approval of the Construction Documents; upon completion of the Construction Document Phase, the Architect/Engineer shall provide drawings, detailed specifications and other documents setting forth in detail the requirements for the construction of Landlord the Project in accordance with respect to any this Agreement for the Owner's approval and the CM/GC's information, use, estimating, permitting, bidding, and construction; shall assist the Owner and CM/GC in the preparation of the necessary bidding information, bidding documents, the Conditions of the Contracts, and review of the forms of Agreement between the Owner and CM/GC for construction services; and, shall assist the Owner and CM/GC in filing documents required for the approval of governmental authorities having jurisdiction over the Project. The Architect/Engineer shall provide [number] set of Construction Documents including the Estimate of Construction for review and Finish Work approval to the Agency, [number] sets to the GC/CM, [number] set to the Owner’s Commissioning Entity, and two (2) sets to the Owner. For applicable disciplines, the Bidding/Negotiation Services effort shall be meet the “Bidding” section of the Owner’s “Performance and Document Submission Requirements” document posted under the A/E Services area of the Owner’s web site at ▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/. The Architect/Engineer shall: after the Owner's approval of the Construction Documents, the Architect/Engineer’s final estimate of construction cost, the CM/GC's final estimate of construction cost, and resolution of any discrepancies between the final estimates, shall assist the CM/GC in obtaining bids or negotiated proposals and costs in order to arrive at a guaranteed maximum price on which the Owner and CM/GC an agree and subsequently issue an addendum to the CM/GC agreement for Landlordconstruction services; should discrepancies arise between the CM/GC’s benefit onlyand the Architect/Engineer’s estimates, may not be relied on by Tenant (other than for purposes systems, data, materials equipment, etc., the Architect/Engineer shall coordinate and perform resolution of evidencing Landlordthe discrepancies prior to the Owner’s consent)approval to proceed with the Bidding/ Negotiation phase; shall assist the CM/GC in issuing bidding documents to subcontractor bidders and conducting pre-bid conferences with prospective subcontractor bidders; and, shall with the assistance of the CM/GC, respond to questions from bidders, and shall not affect Tenant’s responsibility for the sameissue addenda, clarifications, and other information as needed. The Finish Work Architect/Engineer shall mean the work shown on the provide [number] set(s) of final, approved complete Construction DocumentsDocuments to the Agency, as affected by any approved Finish Work Change Orders (as defined below)[number] sets to the GC/CM, [number] set to the Owner’s Commissioning Entity, and shall include all work in one (1) set to the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsOwner.

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights thereunder and containing the written consent of Tenant's general contractor to such assignment, (c) a copy of the ar▇▇▇▇▇▇t's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights under said architect's contract and containing the written consent of Tenant's architect to approval such assignment, and (e) a list of plans. Landlord shall review all subcontractors and approve, or disapprove by written notice in sufficient detail for Tenant materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein. If Landlord disapproves the proposed construction contract or the proposed architect's contract for the Tenant Improvements, then Landlord's notice shall specify all changes that must be made to the ▇▇▇▇▇▇▇d architect's and/or contractor's agreements as a condition of Landlord's approval thereof. Within five (5) business days following receipt of Landlord's notice of disapproval, Tenant shall deliver to Landlord revised copies of the proposed architect's and/or contractor's agreements, which revised copies shall incorporate all changes specified in Landlord's notice of disapproval. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsLandlord's failure to disapprove a contractor, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or mate▇▇▇▇▇ ▇▇pplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. Prior to the commencement of construction and installation of the Tenant Improvements, Tenant shall cause Tenant’s Architect submit to prepare Landlord, for Landlord's approval, the following (collectively, the "Construction Documents"): (a) the name of the proposed general contractor and a concept plan and program copy of the proposed construction contract for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)Tenant Improvements, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, which shall be referred to collectively herein as the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant shall be responsible for Landlord’s third party plan review fees. Tenant shall deliver the following to Landlord in accordance with the following schedule (the “Time Deadlines”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, to be given or withheld in accordance consistent with the terms hereof, (b) a written assignment of this Exhibit 3.1 such construction contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights thereunder and containing the written consent of Tenant's general contractor to such assignment, (c) a copy of the architect's contract for the Tenant Improvements, which shall be consistent with respect the terms hereof, (d) a written assignment of such architect's contract, creating in favor of Landlord a prior perfected security interest in all of Tenant's rights under said architect's contract and containing the written consent of Tenant's architect to approval such assignment, and (e) a list of plans. Landlord shall review all subcontractors and approve, or disapprove by written notice in sufficient detail for Tenant materials suppliers proposed to be able to reply, within ten (10) business days following used by Tenant in connection with the proper submission construction of any Construction Documentsthe Tenant Improvements. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within Within five (5) business days following the delivery of all of the Construction Documents, Landlord shall approve such second noticeinformation or deliver to Tenant written notice of Landlord's disapproval of all or any information contained therein. If Landlord disapproves the proposed construction contract or the proposed architect's contract for the Tenant Improvements, then Landlord's notice shall specify all changes that must be made to the proposed architect's and/or contractor's agreements as a condition of Landlord's approval thereof. Within five (5) business days following receipt of Landlord's notice of disapproval, Tenant shall deliver to Landlord revised copies of the proposed architect's and/or contractor's agreements, which revised copies shall incorporate all changes specified in Landlord's notice of disapproval. If Landlord disapproves the general contractor, any subcontractor or materials supplier, the parties shall negotiate in good faith to select another contractor, subcontractor or materials supplier mutually acceptable to the parties. Landlord shall be deemed entitled to have approved withhold its approval of the Construction Documents general contractor, any subcontractor, or any materials supplier, who, in questionLandlord's determination, is financially or otherwise professionally unqualified to construct the Tenant Improvements. All approvalsIn addition, inspectionsLandlord may condition its approval of a general contractor upon Tenant obtaining a performance bond and labor and materials payment bond, each in an amount equal to one hundred percent (100%) of the estimated cost of the Tenant Improvements and requirements in a form acceptable to Landlord, in the event Landlord determines that such bonds are necessary to ensure lien-free completion of Landlord with respect the Tenant Improvements. Landlord's failure to any Construction Documents and Finish Work shall be for Landlord’s benefit onlydisapprove a contractor, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and subcontractor or materials supplier shall not affect Tenant’s responsibility for constitute Landlord's warranty that any contractor, subcontractor or supplier not so disapproved is in fact qualified. Following approval by Landlord, Tenant shall not materially amend or consent to the same. The Finish Work shall mean material amendment of the work shown on construction contract or the finalbonds, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Worksame are required, and within without Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems's prior written approval.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)A. Artist, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Planat City's option, shall be referred to collectively herein responsible for the preparation of any drawings depicting both the fabrication and installation of the Artwork as proposed by the Design Development Proposal (the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant Artist shall be responsible for Landlord’s third party plan review feesobtaining any and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. Tenant shall deliver The Construction Documents for the following Artwork are subject to Landlord approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with the following schedule City's standard specifications as described below in subpart E (the “Time DeadlinesCity's Standard Specifications”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 ). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Program Officer will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1,7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be based on applicable to this Agreement. References in the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, Standard Specifications to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVALContractor” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved mean Artist, including without limitation, Artist's subcontractors. To the Construction Documents extent that the City's Standard Specifications conflict with the provisions set forth in question. All approvalsthis Agreement, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work this Agreement shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemscontrol.

Construction Documents. Tenant shall cause Tenant’s Architect to prepare a concept plan and program for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”)A. Artist, schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Planat City's option, shall be referred to collectively herein responsible for the preparation of any drawings depicting both the fabrication and installation of the Artwork as proposed by the Design Development Proposal (the “Construction Documents”). All Construction Documents shall comply with Applicable Laws and with the drawing format and specifications provided by Landlord, and shall be subject to Landlord’s review and approval, such approval not to be unreasonably withheld or delayed. Tenant Artist shall be responsible for Landlord’s third party plan review feesobtaining any and all information necessary for preparation of the Construction Documents, including without limitation, any field measurements of the proposed site. B. Any and all drawings must be certified by a qualified engineer, licensed by the State of California and must conform to all applicable federal, state and local laws and regulations. Tenant shall deliver The Construction Documents for the following Artwork are subject to Landlord approval by City's Department of Public Works. The Construction Documents for the Artwork must be designed in accordance with the following schedule City's standard specifications as described below in subpart E (the “Time DeadlinesCity's Standard Specifications”): Concept Plan Within 30 days of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 ). The Construction Documents and City's Standard Specifications shall collectively be referred to as the “Plans.” Once the Construction Documents are approved, City's Project Manager will notify Artist in writing. C. When seeking approval of the Construction Documents, Artist shall submit the following for City's Department of Public Works: 1. the plans on reproducible sheets measuring 24 inches by 36 inches; and 2. all engineering calculations associated with the submitted Construction Documents; and 3. the specifications for the Artwork including a final budget estimate listing the quantities and unit prices for the fabrication and installation of the Artwork. D. City's approval of the Plans shall not release Artist of the responsibility for the correction of mistakes, errors or omissions which may be the result of circumstances unforeseen at the time the Plans were developed or approved. E. City's Standard Specifications and Standard Details, dated July 1992, are on file with the City's Department of Public Works, Architectural Division. Artist shall comply with City's Standard Details to the extent such details are applicable to the Artwork. Sections, 1, 7 and the Technical Provisions of the City's Standard Specifications (Section 10 through and including Section 1501) shall be based on applicable to this Agreement. References in the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, Standard Specifications to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. In the event that Landlord does not approve or disapprove Tenant’s proposed Construction Documents within ten (10) business days after receipt thereof, then Tenant may send a second notice to Landlord with a legend in bold and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVALContractor” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed to have approved mean Artist, including without limitation, Artist's subcontractors. To the Construction Documents extent that the City's Standard Specifications conflict with the provisions set forth in question. All approvalsthis Agreement, inspections, and requirements of Landlord with respect to any Construction Documents and Finish Work this Agreement shall be control. F. Artist is responsible for Landlord’s benefit only, all applicable Underwriters Laboratory (UL) approvals as they may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systemsapply.

Construction Documents. Tenant 2.5.1 Upon the City’s authorization, the Consultant shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the City. 2.5.3 The Consultant shall assist the City in preparing and approval, such filing applicable documents to obtain the approval not to be unreasonably withheld or delayed. Tenant of authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for Landlord’s third party plan review feesthe preparation of bid packages to be made available for distribution to all prospective bidders. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The Consultant shall be reimbursed by the following schedule (City for the “Time Deadlines”): Concept Plan Within 30 days actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Section 6.2. 2.5.5 In the event that Landlord does not approve there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or disapprove Tenantany clarifications issued during the bidding process, the Consultant shall prepare for the City’s proposed Construction Documents within ten (10) business days after receipt thereofapproval written addenda as appropriate to interpret, then Tenant may send a second notice clarify or expand the Bidding Documents. The Consultant shall make such documents available to Landlord with a legend in bold the City who shall distribute the addenda to all prospective bidders, and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to have approved address bidders’ questions and comments at any time during the Construction Documents bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in questionthe evaluation of all bids received for determination of compliance with the bidding requirements. All approvalsThe Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, inspectionsnor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and requirements analyze any proposed substitutions of Landlord materials or equipment and shall advise the City with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.

Construction Documents. Tenant 2.5.1 Upon the City’s authorization, the Consultant shall cause Tenant’s Architect to prepare a concept plan Construction Documents consisting of drawings and program specifications setting forth in detail the requirements for the entire Premises that is consistent with first class office and laboratory use (the “Concept Plan”), schematic design drawings, design development drawings, and construction documents for the Finish Work in accordance with the provisions of this Exhibit 3.1 and Article 8 of the Lease (such plans, and any interim plans submitted to Landlord in connection therewith, together with the Concept Plan, shall be referred to collectively herein as the “Construction Documents”)Project. All Such Construction Documents shall comply with Applicable Laws be project specific and with the drawing format shall be accurate, coordinated and specifications provided by Landlordadequate for construction, and shall be subject in conformity and comply with all applicable law, codes, standards, and regulations. Products specified for use shall be readily available unless specifically authorized by the City. 2.5.2 The Consultant shall review its most recent estimate of probable construction costs, shall make any appropriate revisions thereto and furnish same to Landlord’s review the City. 2.5.3 The Consultant shall assist the City in preparing and approval, such filing all documents necessary to obtain the approval not to be unreasonably withheld or delayed. Tenant of all authorities having jurisdiction over the Project. 2.5.4 The Consultant shall be responsible for Landlordthe preparation of electronic bid packages to be made available for distribution to all prospective bidders by the City’s third party plan review feesPurchasing Division. Tenant Such packages shall deliver include copies of all relevant plans, specifications, and other documents upon which the following bidding is to Landlord in accordance with be based. The Consultant shall be reimbursed by the following schedule (City for the “Time Deadlines”): Concept Plan Within 30 days actual cost of reproduction of the Effective Date Schematic Design May 15, 2019 Design Development June 15, 2019 Construction documents For pricing/permits and GMP July 15, 2019 The Construction Documents shall be based on contained within the approved Concept Plan and shall not deviate therefrom in any material respect without Landlord’s approval, bid package as a reimbursable item pursuant to be given or withheld in accordance with the terms of Section 6.2 of this Exhibit 3.1 with respect to approval of plans. Landlord shall review and approve, or disapprove by written notice in sufficient detail for Tenant to be able to reply, within ten (10) business days following the proper submission of any Construction Documents. Agreement. 2.5.5 In the event that Landlord does not approve there are amendments to the bid packages, amendments to any of the documents contained with the bid packages, or disapprove Tenantany clarifications issued during the bidding process, the Consultant shall prepare for the City’s proposed Construction Documents within ten (10) business days after receipt thereofapproval written addenda as appropriate to interpret, then Tenant may send clarify or expand the bidding documents. The Consultant shall make such documents available to all prospective bidders in a second notice manner acceptable to Landlord with a legend in bold the City, and prominent print stating that “FAILURE TO REPLY TO THIS REQUEST FOR APPROVAL OF THE TENANT PLANS WITHIN FIVE (5) BUSINESS DAYS MAY BE DEEMED TO BE LANDLORD’S APPROVAL” and, if Landlord fails to approve or disapprove of such Tenant plans within five (5) business days following delivery of such second notice, then Landlord shall be deemed reimbursed for the actual costs of reproduction at the same rate specified in Section 2.5.4. There shall be no additional charges for amendments or clarifications other than as provided in Section 2.5.4. 2.5.6 The Consultant shall coordinate with the City during the bidding process and be available to have approved address bidders’ questions and comments at any time during the Construction Documents bidding process. The Consultant shall attend the pre-bid meeting, which will be held at a location as specified by the City. 2.5.7 The Consultant shall be available as necessary to assist the City in questionthe evaluation of all bids received for determination of compliance with the bidding requirements. All approvalsThe Consultant shall not be responsible for performing any investigations or reference checks regarding bidders, inspectionsnor shall it be responsible for determining whether a bid is responsive or a bidder is responsible; however, the Consultant shall assist the City as necessary in making such determination. 2.5.8 The Consultant will investigate, study, and requirements analyze any proposed substitutions of Landlord materials or equipment and shall advise the City with respect to any Construction Documents and Finish Work shall be for Landlord’s benefit only, may not be relied on by Tenant (other than for purposes of evidencing Landlord’s consent), and shall not affect Tenant’s responsibility for the same. The Finish Work shall mean the work shown on the final, approved Construction Documents, as affected by any approved Finish Work Change Orders (as defined below), and shall include all work in the “Tenant” column on the allocation of responsibility attached as Attachment 1. Where more than one type of material or structure is indicated on the approved Construction Documents as permitted substitutions, the decisions regarding the selection of which type of material or structure among those shown will be within Tenant’s reasonable discretion if the matter concerns the Finish Work, and within Landlord’s reasonable discretion if the matter affects the structural components of the Building or any Building systems.