Common use of By Lessor Clause in Contracts

By Lessor. The costs of repairs and maintenance which are the --------- obligation Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessor shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement of Rentals, and in any event them shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including Building and the basic plumbing, air conditioning, heating heating, electrical and electrical integrated Building mechanical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs LESEE HAS SELECTED BOTH (a) THE EQUIPMENT AND (b) THE MANUFACTURER OR OTHER SUPPLIER FROM WHOM LESSOR IS OT PURCHASE IT. LESSOR MAKES NO WARRANTY, EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE DESIGN OR THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND, AS TO LESSOR, LESSEE LEASES THE EQUIPMENT "AS IS". If any item of repairs Equipment or all the Equipment is not properly installed, does not operate as represented or warranted by its manufacturer, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof directly against such manufacturer and maintenance which are shall, upon satisfactory resolution of the --------- obligation claim by manufacturer, pay Lessor all rents payable under this Lease Lease. In the event manufacturer is unable or unwilling to resolve the claim, Lessor will engage a mutually agreed party to resolve the claim to Lessee's reasonable satisfaction at Lessor's expense. Lessor hereby agrees to assign to Lessee, solely for the purpose of making and prosecuting any such claim all of the rights which Lessor elects has against such manufacturer for breach of warranty or other representation representing the Equipment. LESSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES INCURRED BY LESSEE AS A RESULT OF ANY BREACH OF WARRANTY OR REPRESENTATION WITH RESPECT TO THE EQUIPMENT AND LESSOR SHALL NOT BE LIABLE TO LESSEE FOR LOSS OF USE OF THE OCCASIONED BY LESSEE'S INABILITY TO USE THE EQUIPMENT, FOR ANY REASON WHATSOEVER. The provisions of this paragraph are intended to perform under this Lease except such repairs be a complete exclusion and maintenance which are the responsibility negation of Lessee hereunder, shall be an Operating Expense, subject any express or implied warranties by Lessor with respect to the express provisions of Article 7 above limiting Equipment, whether arising under the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed Uniform Commercial Code or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of under any duty by Lessee or Lessee's Agents, in which case Lessor shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement of Rentals, and in any event them shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance other law now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (, or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary orderotherwise.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject Expense except as otherwise set forth in this Lease. Notwithstanding anything to the express provisions of Article 7 above limiting the inclusion of certain costs contrary contained in Operating Expenses. this Lease, Lessor shall repair and maintain the structural portions of the BuildingBuilding at Lessor’s sole cost and expense, and subject to recovery as an Operating Expense, Lessor shall repair, maintain and replace, when necessary all non-structural items, including the roof membrane and all building systems including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless except to the extent such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rentrent (subject to the terms of Article 15 hereof). Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee (or within a reasonable period of time in the event of an emergency) and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 l of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense and Lessee shall pay, subject as additional rent, Lessee's Percentage Share of such costs to the express provisions of Lessor as provided in Article 7 above limiting the inclusion of certain costs in Operating Expenses7. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs All rights of repairs and maintenance which are Lessor hereunder or to the --------- obligation Lessor under this Lease Equipment may be sold, assigned, pledged, mortgaged or which Lessor elects otherwise transferred, either in whole or in part, without notice to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunderbut always, shall be an Operating Expensehowever, subject to the express provisions rights of Article 7 above limiting Lessee under this Lease. If Lessor sells the inclusion Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of certain costs in Operating Expenses. its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished excuse performance by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission Lessee of any duty by Lessee provision hereof. No such vendee or Lessee's Agents, in which case Lessor assignee (each an "Assignee") shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or obligated to perform any maintenance for which duty, covenant or condition required to be performed by Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of under the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 terms of this Lease, there shall be no statement of Rentals, and ; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any event them shall be no liability of Lessor by reason of any injury Assignee unless such Assignee agrees in writing not to or interference with disturb Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion quiet enjoyment of the Project or in or to fixtures, appurtenances and equipment thereinEquipment while no Event of Default has occurred. Lessee waives acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the benefits burdens imposed upon Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of Section 1932receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar lawCOUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary orderAND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING. NOTHING HEREIN SHALL PREVENT LESSEE FROM ASSERTING ANY DEFENSE OR CLAIM DIRECTLY AGAINST LESSOR FOR ACTUAL DAMAGES.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating ExpenseExpense and Lessee shall pay, subject as additional rent, Lessee's Percentage Share of such costs to the express provisions of Lessor as provided in Article 7 above limiting the inclusion of certain costs in Operating Expenses7. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 l of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary order.

By Lessor. The costs All rights of repairs and maintenance which are Lessor hereunder or to the --------- obligation Lessor under this Lease Equipment may be sold, assigned, pledged, mortgaged, or which Lessor elects otherwise transferred, either in whole or in part, without notice to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunderbut always, shall be an Operating Expensehowever, subject to the express provisions rights of Article 7 above limiting Lessee under this Lease. If Lessor sells the inclusion Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of certain costs in Operating Expenses. its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished excuse performance by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission Lessee of any duty by Lessee provision hereof. No such vendee or Lessee's Agents, in which case Lessor assignee (each an "Assignee") shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or obligated to perform any maintenance for which duty, covenant or condition required to be performed by Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of under the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 terms of this Lease, there shall be no statement of Rentals, and ; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any event them shall be no liability of Lessor by reason of any injury Assignee unless such Assignee agrees in writing not to or interference with disturb Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion quiet enjoyment of the Project or in or to fixtures, appurtenances and equipment thereinEquipment while no Event of Default has occurred. Lessee waives acknowledged that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the benefits burdens imposed Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of Section 1932receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar lawCOUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary orderAND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, Expense subject to the express provisions of Article Section 7 above limiting the inclusion of certain costs in Operating Expensesabove. Lessor shall repair and maintain the common areas and the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them shall there shaft be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease hereunder or which Lessor elects to perform under this Lease hereunder except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the actact (other than ordinary wear and tear resulting from customary day to day general office use), neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee Less ee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 I of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order.

By Lessor. The costs All rights of repairs and maintenance which are Lessor hereunder or to the --------- obligation Lessor under this Lease Equipment may be sold, assigned, pledged, mortgaged or which Lessor elects otherwise transferred, either in whole or in part, without notice to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunderbut always, shall be an Operating Expensehowever, subject to the express provisions rights of Article 7 above limiting Lessee under this Lease. If Lessor sells the inclusion Equipment or assigns this Lease or the Rent due or to become due hereunder or any other interest herein, whether as security for any of certain costs in Operating Expenses. its indebtedness or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor and Lessee, should there be one, shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished excuse performance by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission Lessee of any duty by Lessee provision hereof. No such vendee or Lessee's Agents, in which case Lessor assignee (each an "Assignee") shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or obligated to perform any maintenance for which duty, covenant or condition required to be performed by Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of under the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's reasonable control. Except as provided in Article 21 terms of this Lease, there shall be no statement of Rentals, and ; except that Lessor covenants with Lessee not to transfer any interest in the Lease or the Equipment to any event them shall be no liability of Lessor by reason of any injury Assignee unless such Assignee agrees in writing not to or interference with disturb Lessee's business arising from the making of any repairs, alterations or improvements in or to any portion quiet enjoyment of the Project or in or to fixtures, appurtenances and equipment thereinEquipment while no Event of Default has occurred. Lessee waives acknowledges that any such sale, assignment or grant of security interest shall not materially change Lessee's obligations under this Lease nor materially increase the benefits burdens imposed on Lessee. Lessee agrees and acknowledges that any such Assignee shall rely on and be entitled to the benefit of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 this Lease. Lessee agrees to acknowledge any such assignment within five (5) days of Section 1932receipt of written request to do so in the form requested by Lessor. LESSEE'S OBLIGATION TO PAY RENT IS ABSOLUTE AND UNCONDITIONAL AND LESSEE SHALL NOT ASSERT AGAINST ANY ASSIGNEE ANY DEFENSE, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar lawCOUNTERCLAIM OR SETOFF THAT THE LESSEE MAY HAVE AGAINST THE LESSOR OR ANY OTHER PARTY, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's failure to keep the Premises in good and sanitary orderAND LESSEE ACKNOWLEDGES THAT ANY ASSIGNEE IS RELYING ON THE FOREGOING.

By Lessor. The Except as expressly otherwise provided in this Lease, the costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment therein. Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order; except, however, that in the event of an emergency situation which (i) materially and adversely affects the operation of Lessee’s business from the Premises or which results an imminent risk of injury to persons or material property damage, and (ii) is susceptible of cure by Lessee’s performance of a Lessor maintenance and/or repair obligation under this Lease, then if Lessor shall fail to promptly commence and diligently prosecute to completion such cure following receipt of notice from Lessee of the existence of such situation, Lessee shall have the right, but not the obligation, to promptly take such measures as are necessary to cure such default (using the Building-standard subcontractors for utility or mechanical system work or work affecting the Building exterior, if such cure requires subcontractor work, provided such subcontractors are available at commercially reasonable rates for the work to be performed), and Lessor shall reimburse Lessee for the reasonable costs of completing such cure within thirty (30) days following Lessee’s submission to Lessor of reasonable evidence of the amount of such costs.

By Lessor. The Except as expressly otherwise provided in this Lease, the costs of repairs and maintenance which are the --------- obligation of Lessor under this Lease or which Lessor elects to perform under this Lease except such repairs and maintenance which are the responsibility of Lessee hereunder, shall be an Operating Expense, subject to the express provisions of Article 7 above limiting the inclusion of certain costs in Operating Expenses. Lessor shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating and electrical systems installed or furnished by Lessor, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee or Lessee's ’s Agents, in which case Lessor Lessee shall pay to Lessor the reasonable cost of such maintenance or repairs as additional rent. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance for which Lessor is responsible as provided above unless Lessor fails to commence such work for a period of more than thirty (30) days after written notice of the need of such repairs or maintenance is given to Lessor by Lessee and the failure is due solely to causes within Lessor's ’s reasonable control. Except as provided in Article 17 and/or 21 of this Lease, there shall be no statement abatement of Rentals, and in any event them there shall be no liability of Lessor by reason of any injury to or interference with Lessee's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Project or in or to fixtures, appurtenances and equipment thereintherein (except for damage to Lessee’s fixtures, appurtenances or equipment caused by the negligence or willful misconduct of Lessor or any of its agents, employees or contractors, subject to Article 15 of this Lease). Lessee waives the benefits of any statute now or hereafter in effect (including, without limitation, the provisions of subsection 1 I of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar or dissimilar law, statute or ordinance now or hereafter in effect) which would otherwise afford Lessee the right to make repairs at Lessor's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Lessor's ’s failure to keep the Premises in good and sanitary order; except, however, that in the event of an emergency situation which (i) materially and adversely affects the operation of Lessee’s business from the Premises or which results an imminent risk of injury to persons or material property damage, and (ii) is susceptible of cure by Lessee’s performance of a Lessor maintenance and/or repair obligation under this Lease, then if Lessor shall fail to promptly commence and diligently prosecute to completion such cure following receipt of notice from Lessee of the existence of such situation, Lessee shall have the right, but not the obligation, to promptly take such measures as are necessary to cure such default (using the Building-standard subcontractors for utility or mechanical system work or work affecting the Building exterior, if such cure requires subcontractor work, provided such subcontractors are available at commercially reasonable rates for the work to be performed), and Lessor shall reimburse Lessee for the reasonable costs of completing such cure within thirty (30) days following Lessee’s submission to Lessor of reasonable evidence of the amount of such costs.