Common use of Substantial Completion; Punchlist Clause in Contracts

Substantial Completion; Punchlist. Lessor will provide Lessee with written notice of Lessor’s estimated Substantial Completion date for the respective portion of the Premises at least fifteen (15) days prior to said estimated date. Thereafter, Lessor shall give Lessee written notice of the date on which Lessor has actually reached Substantial Completion for the respective portion of Lessor’s Work. Within five (5) business days after receipt of said written notice, Lessee shall cause the Premises to be inspected and give Lessor written notice specifying in good faith any punchlist items Lessor needs to address. Within three (3) business days following Lessor’s receipt of Lessee’s proposed punchlist, the parties shall jointly inspect the respective portion of Lessor’s Work and agree in good faith on a final written list of the actual unfinished portions of Lessor’s Work (the “final punchlist”). Lessor shall repair, replace, and/or complete any such items on the final punchlist within thirty (30) days thereafter. Demising & Corridor Partitioning Full-height demising partition with 5/8” Type-X gypsum wallboard attached to both sides of 3— “ 20-gauge metal studs at 24” on center. Demising partition to extend to underside of floor deck and to have smooth finish and eggshell paint on the Lessee side. One-hour-rated corridor partition to have the same construction as the demising partition, with fire taping and caulking as required by code, R-11 insulation, gypsum board, and sound caulking at floor. Corridor side of the partition wall to be finished with wall covering and 6 1/2” hardwood base (stained to match Architect’s sample); Lessee side of the partition to be finished as specified in Lessee’s drawings. Lessee Partitioning 2 1/2” 25-gauge metal studs at 24” on center with one layer of — “ gypsum wallboard on both sides. Partitions to extend from floor to underside of ceiling grid or 6” above ceiling, at Lessor’s option, with smooth finish, eggshell paint, and base on both sides. Lessee Entry Doors/Frames Recessed 3’-0” x 7’-10” x 1 3/4” solid-core, quarter-sliced, medium-figured cherry veneer door (stained to match Architect’s sample) with mortised lever lockset and Western Integrated door frame with 302 trim and clear-anodized finish. Entry doors to have a single light in door panel, fire rated as required by code. A secondary entry/exit door (without sidelight) shall be provided, if required by code. Entire door assembly to have a 20-minute fire rating. Lessee Interior Doors/Frames 3’-0” x 7’-10” x 1 3/4” solid-core, quarter-sliced, medium-figured cherry veneer door (stained to match Architect’s sample). Western Integrated door frame, 302 trim, with clear-anodized finish. Lessee Entry Hardware Schlage mortised lever lockset with 07 lever, finish to be US26D satin chrome. LCN closer 4040 series. 2 pair Hager ball bearing butt hinges, 4 1/2” x 4 1/2”, with wide throw capacity, finish to be US26D. Trimco wall stop, finish to be US26D. Keying hardware to coordinate with Building and floor master. Lessee Interior Hardware Schlage cylindrical lever latch set with 07 lever, finish to be US26D satin chrome. 2 pair ▇▇▇▇▇ butt hinges, 4 1/2” x 4 1/2”, with wide throw capacity, finish to be US26D. Trimco wall stop, finish to be US26D. If required, LCN closer 4040 series. Acoustical Ceiling Suspended white 2’ x 2’ ▇▇▇▇▇▇▇▇▇ Ultima 1912 ceilings with DuraBrite acoustically transparent membrane; NRC .70; LRV .89; square tegular in 9/16” grid. Floor Covering Carpet: ▇▇▇▇, 24 - 30 oz. weight and 1/18 - 1/10-gauge broadloom carpet with “Action Bac”. Vinyl composition tile (ACT): ▇▇▇▇▇▇▇▇▇ “Imperial Texture, Standard Excel on” or equal, 12” x 12”, c”-gauge. Base Rope or equal, 4” rubber base. Base to be 4”-high coved rubber base throughout, or as noted otherwise in Lessee’s drawings. Paint ▇▇▇▇ ▇▇▇▇▇▇▇ “Supreme,” Fraise “Lo Go,” or equal, eggshell paint on smooth finish. Window Coverings 1” mini-blinds with dust guard at all exterior windows, Leveler or equal, provided by Building owner. Mini-blinds must be either fully raised in lock-up position or fully lowered. Fire Extinguisher Cabinet ▇▇▇▇▇▇’▇ architectural series 2, semi-recessed, 1/2” rolled edge with brushed stainless finish, or equal. Fire Protection Sprinkler System Semi-recessed white sprinkler head with white escutcheon, centered in ceiling tile. Necessary sprinkler drops to meet City codes. Fully concealed white sprinkler head on drywall ceilings/soffits/headers at Lessor’s option. HVAC 2’ x 2’ 4-way white diffuser and perforated return-air grille, thermostat installation, flexible duct and air devices. All thermostats to be coordinated with light switches, per Architect. Alternative upgrades: ▇▇▇▇▇, Omni (see Schedule 3). Lessee Light Fixtures Suspended linear ambient uplight. Peerlite, ▇▇▇▇▇ 7, 7CRM7-1 or equal, with single T5 (3500°K) lamp, minimum 54 ▇▇▇▇▇, available in lengths of 4’, 8’, and 12’. Bottom of fixture mounted at 8’-0” above finished floor. Coordinate with Building owner for orientation of fixtures. Light Switches Single-pole rocker switch, cover plate white. Exit Lights Provided as required by City codes. Lithonia “Precise Collection” “LRP” exit lights. LED lamps, red letters on clear mirrored background. Electrical Convenience Outlet Duplex wall outlet, cover plate white. Data/Telephone Outlet Rough-in box with mud ring and pull string. Lessee will coordinate with its communications equipment company to obtain detailed requirements for inclusion in construction plans and schedule. Telephone Mounting Board One 4’ x 8’ x 3/4” ACX fire-rated plywood mounting board, plywood painted to match adjacent walls. (Smaller lessees may require only a 4’ x 4’ mounting board). Window Coverings 1” mini-blinds with dust guard at all exterior windows, Levelor or equal, provided by Building owner. Mini-blinds must be either fully raised in lock-up position or fully lowered. Fire Protection Sprinkler System The main high-pressure primary distribution loop around core area of the 3rd floor and the 4th floor will be provided by Lessor at its expense; however, all extension lines from the primary loop, drops, sprinkler heads, and similar equipment required by code for the Premises will be part of the Cost of the TI Work. HVAC Condenser water available for primary high pressure distribution loop for the HVAC system around core area of the 3rd Floor and 4th Floor will be provided by Lessor at its expense; however, all ductwork distribution, VAV boxes, heat pumps, vents, thermostats, supplemental units and similar equipment for the Premises will be part of the Cost of the TI Work. None. Notwithstanding any other provisions in the Lease, Lessor reserves the following rights: 1. Lessor shall have the right to use the parking areas and other areas outside of the buildings within the Project for the promotion and marketing of space within the Project, or within property adjacent to or near the Project which may be developed by Lessor or a member, affiliate or subsidiary of Lessor, including without limitation, the right to maintain signs and other promotional devices on the Project. 2. Lessor shall have the right to construct additional improvements within the Project to improve and enhance the same, including without limitation, additional landscaping and other common facilities. 3. Lessor, or any member, affiliate or subsidiary of Lessor, or an entity related to a member of Lessor, may construct additional phases similar to or compatible with the Project, including office, retail, restaurant, hotel and residential uses, and may connect the same to the parking facilities and other common areas of the Project to provide access upon and across the parking areas, driveways, and other paved surfaces of the Project for vehicular and pedestrian ingress and egress to and from such additional phases. 4. Lessor further reserves the right to grant temporary or permanent easements from time to time for construction, access, utilities, drainage and/or other purposes for the development of property within or adjacent to the Project, provided that such easements shall not materially and adversely impair the use of the parking areas, driveways, and other paved surfaces within the Project. 5. Lessor reserves the right to name or rename the Project or the Building or to change the name and/or street address of the Project or Building, which may constitute or include the name of another tenant or occupant in the Building or the Project. 6. The right to grant to anyone the exclusive right to conduct any business upon and/or render any service to the Project, provided such exclusive right shall not operate to exclude Lessee from using the Premises for the purposes specifically set forth in the Basic Lease Information. 7. The right to designate and/or control any service in or to the Building and its tenants or occupants. 8. The right not to enforce a particular rule or regulation against a particular tenant in Lessor’s reasonable discretion; provided, however, that Lessor agrees the rules and regulations will, to the extent reasonably practicable, be enforced in a non-discriminatory manner against all similarly situated tenants or occupants of the Project. 9. The right to allow portions of the common areas within or outside the Building to be used (i) exclusively by certain tenants or occupants of the Project (including without limitation for outdoor seating for restaurants and bars), and/or (ii) for kiosks, displays, carts or stands, and/or (iii) for ATM machines, mailboxes, overnight courier dropboxes, or other equipment or concessions. The foregoing rights in favor of Lessor shall not in any way be construed as creating any obligation on the part of Lessor to exercise any such rights or to perform any of the activities, construct any improvements, develop any property, or grant any easements referred to in this Exhibit “E”. The foregoing rights are exercisable without notice to Lessee or liability for any inconvenience suffered by Lessee as a result thereof (including without limitation any diminution of light, air or view), and Lessee shall not be entitled by reason thereof to terminate this Lease or to receive an abatement or reduction of any rental provided for under this Lease. THIS ROOFTOP LICENSE AGREEMENT (“Agreement”) is made and entered into as of the day of , 2007, by and between ▇▇▇▇▇▇ ▇▇▇▇▇ LAKESIDE, LLC, an Arizona limited liability company (“Lessor”), and LIFELOCK, INC., a Delaware corporation (“Lessee”). Lessor is the licensor and Lessee is the licensee hereunder, but are referred to as “Lessor” and “Lessee”, respectively, solely for ease of reference.

Substantial Completion; Punchlist. Lessor will provide Lessee with written notice of Lessor’s estimated Substantial Completion date for the respective portion of the Premises at least approximately fifteen (15) days prior to said estimated date. Thereafter, Lessor shall give Lessee written notice of the date on which Lessor has actually reached Substantial Completion for the respective portion of Lessor’s WorkPremises. Within five (5) business days after receipt of said written notice, Lessee shall cause the Premises to be inspected and give Lessor written notice specifying in good faith any punchlist items Lessor needs to address. Within three (3) business days following Lessor’s receipt of Lessee’s proposed punchlist, the parties shall jointly inspect the respective portion of Lessor’s Work and agree in good faith on a final written list of the actual unfinished portions of Lessor’s Work (the “final punchlist”). Lessor shall repair, replace, and/or complete any such items on the final punchlist within thirty (30) days thereafter. Demising & Corridor Partitioning Full-height demising partition with 5/8” " Type-X gypsum wallboard attached to both sides of 3— “ 3 5/8" 20-gauge metal studs at 24” " on center. Demising partition to extend to underside of floor deck and to have smooth finish and eggshell paint on the Lessee side. One-hour-rated corridor partition to have the same construction as the demising partition, with fire taping and caulking as required by code, R-11 insulation, gypsum board, and sound caulking at floor. Corridor side of the partition wall to be finished with wall covering and 6 1/2” 61/2" hardwood base (stained to match Architect’s sample); Lessee side of the partition to be finished as specified in Lessee’s drawings. Lessee Partitioning 2 1/2” 21/2" 25-gauge metal studs at 24” " on center with one layer of — “ 5/8" gypsum wallboard on both sides. Partitions to extend from floor to underside of ceiling grid or 6” " above ceiling, at Lessor’s option, with smooth finish, eggshell paint, and base on both sides. Lessee Entry Doors/Frames Recessed 3’-0” 3'-0" x 7’-10” 7'-10" x 1 3/4” 13/4" solid-core, quarter-sliced, medium-figured cherry veneer door doors (stained to match Architect’s sample) with mortised lever lockset and Western Integrated door frame with 302 trim and clear-anodized finish. Entry doors to have a single light in door panel, fire rated as required by code. A secondary entry/exit door (without sidelight) shall be provided, if required by code. Entire door assembly to have a 20-minute fire rating. Lessee Interior Doors/Frames 3’-0” 3'-0" x 7’-10” 7'-10" x 1 3/4” 13/4" solid-core, quarter-sliced, medium-figured cherry veneer door (stained to match Architect’s sample). Western Integrated door frame, 302 trim, with clear-anodized finish. Lessee Entry Hardware Schlage mortised lever lockset with 07 lever, finish to be US26D satin chrome. LCN closer 4040 series. 2 pair Hager ball bearing butt hinges, 4 1/2” 41/2" x 4 1/2”41/2", with wide throw capacity, finish to be US26D. Trimco wall stop, finish to be US26D. Keying hardware to coordinate with Building and floor master. Lessee Interior Hardware Schlage cylindrical lever latch set with 07 lever, finish to be US26D satin chrome. 2 pair ▇H▇▇▇▇ butt hinges, 4 1/2” 41/2" x 4 1/2”41/2", with wide throw capacity, finish to be US26D. Trimco wall stop, finish to be US26D. If required, LCN closer 4040 series. Acoustical Ceiling Suspended white 2’ ' x 2’ ▇' A▇▇▇▇▇▇▇▇ Ultima 1912 ceilings with DuraBrite acoustically transparent membrane; NRC .70; LRV .89; square tegular in 9/16” " grid. Floor Covering Carpet: ▇S▇▇▇, 24 - 30 oz. weight and 1/18 - 1/10-gauge broadloom carpet with “Action Bac”. Vinyl composition tile (ACT): ▇A▇▇▇▇▇▇▇▇ “Imperial Texture, Standard Excel on” or equal, 12” " x 12”", c”-gauge1/8"-gauge. Base Rope or equal, 4” " rubber base. Base to be 4”-high 4"-high coved rubber base throughout, or as noted otherwise in Lessee’s drawings. Paint ▇D▇▇▇ ▇E▇▇▇▇▇▇ “Supreme,” Fraise “Lo Go,” or equal, eggshell paint on smooth finish. Window Coverings 1” " mini-blinds with dust guard at all exterior windows, Leveler or equal, provided by Building owner. Mini-blinds must be either fully raised in lock-up position or fully lowered. Fire Extinguisher Cabinet ▇L▇▇▇▇▇’▇ architectural series 2, semi-recessed, 1/2” " rolled edge with brushed stainless finish, or equal. Fire Protection Sprinkler System Semi-recessed white sprinkler head with white escutcheon, centered in ceiling tile. Necessary sprinkler drops to meet City codes. Fully concealed white sprinkler head on drywall ceilings/soffits/headers at Lessor’s option. HVAC 2’ x 2’ 4-way white diffuser and perforated return-air grille, thermostat installation, flexible duct and air devices. All thermostats to be coordinated with light switches, per Architect. Alternative upgrades: ▇▇▇▇▇, Omni (see Schedule 3). Lessee Light Fixtures Suspended linear ambient uplight. Peerlite, ▇▇▇▇▇ 7, 7CRM7-1 or equal, with single T5 (3500°K) lamp, minimum 54 ▇▇▇▇▇, available in lengths of 4’, 8’, and 12’. Bottom of fixture mounted at 8’-0” above finished floor. Coordinate with Building owner for orientation of fixtures. Light Switches Single-pole rocker switch, cover plate white. Exit Lights Provided as required by City codes. Lithonia “Precise Collection” “LRP” exit lights. LED lamps, red letters on clear mirrored background. Electrical Convenience Outlet Duplex wall outlet, cover plate white. Data/Telephone Outlet Rough-in box with mud ring and pull string. Lessee will coordinate with its communications equipment company to obtain detailed requirements for inclusion in construction plans and schedule. Telephone Mounting Board One 4’ x 8’ x 3/4” ACX fire-rated plywood mounting board, plywood painted to match adjacent walls. (Smaller lessees may require only a 4’ x 4’ mounting board). Window Coverings 1” mini-blinds with dust guard at all exterior windows, Levelor or equal, provided by Building owner. Mini-blinds must be either fully raised in lock-up position or fully lowered. Fire Protection Sprinkler System The main high-pressure primary distribution loop around core area of the 3rd floor and the 4th floor will be provided by Lessor at its expense; however, all extension lines from the primary loop, drops, sprinkler heads, and similar equipment required by code for the Premises will be part of the Cost of the TI Work. HVAC Condenser water available for primary high pressure distribution loop for the HVAC system around core area of the 3rd Floor and 4th Floor will be provided by Lessor at its expense; however, all ductwork distribution, VAV boxes, heat pumps, vents, thermostats, supplemental units and similar equipment for the Premises will be part of the Cost of the TI Work. None. Notwithstanding any other provisions in the Lease, Lessor reserves the following rights: 1. Lessor shall have the right to use the parking areas and other areas outside of the buildings within the Project for the promotion and marketing of space within the Project, or within property adjacent to or near the Project which may be developed by Lessor or a member, affiliate or subsidiary of Lessor, including without limitation, the right to maintain signs and other promotional devices on the Project. 2. Lessor shall have the right to construct additional improvements within the Project to improve and enhance the same, including without limitation, additional landscaping and other common facilities. 3. Lessor, or any member, affiliate or subsidiary of Lessor, or an entity related to a member of Lessor, may construct additional phases similar to or compatible with the Project, including office, retail, restaurant, hotel and residential uses, and may connect the same to the parking facilities and other common areas of the Project to provide access upon and across the parking areas, driveways, and other paved surfaces of the Project for vehicular and pedestrian ingress and egress to and from such additional phases. 4. Lessor further reserves the right to grant temporary or permanent easements from time to time for construction, access, utilities, drainage and/or other purposes for the development of property within or adjacent to the Project, provided that such easements shall not materially and adversely impair the use of the parking areas, driveways, and other paved surfaces within the Project. 5. Lessor reserves the right to name or rename the Project or the Building or to change the name and/or street address of the Project or Building, which may constitute or include the name of another tenant or occupant in the Building or the Project. 6. The right to grant to anyone the exclusive right to conduct any business upon and/or render any service to the Project, provided such exclusive right shall not operate to exclude Lessee from using the Premises for the purposes specifically set forth in the Basic Lease Information. 7. The right to designate and/or control any service in or to the Building and its tenants or occupants. 8. The right not to enforce a particular rule or regulation against a particular tenant in Lessor’s reasonable discretion; provided, however, that Lessor agrees the rules and regulations will, to the extent reasonably practicable, be enforced in a non-discriminatory manner against all similarly situated tenants or occupants of the Project. 9. The right to allow portions of the common areas within or outside the Building to be used (i) exclusively by certain tenants or occupants of the Project (including without limitation for outdoor seating for restaurants and bars), and/or (ii) for kiosks, displays, carts or stands, and/or (iii) for ATM machines, mailboxes, overnight courier dropboxes, or other equipment or concessions. The foregoing rights in favor of Lessor shall not in any way be construed as creating any obligation on the part of Lessor to exercise any such rights or to perform any of the activities, construct any improvements, develop any property, or grant any easements referred to in this Exhibit “E”. The foregoing rights are exercisable without notice to Lessee or liability for any inconvenience suffered by Lessee as a result thereof (including without limitation any diminution of light, air or view), and Lessee shall not be entitled by reason thereof to terminate this Lease or to receive an abatement or reduction of any rental provided for under this Lease. THIS ROOFTOP LICENSE AGREEMENT (“Agreement”) is made and entered into as of the day of , 2007, by and between ▇▇▇▇▇▇ ▇▇▇▇▇ LAKESIDE, LLC, an Arizona limited liability company (“Lessor”), and LIFELOCK, INC., a Delaware corporation (“Lessee”). Lessor is the licensor and Lessee is the licensee hereunder, but are referred to as “Lessor” and “Lessee”, respectively, solely for ease of reference.