Common use of Landlord’s Repairs Clause in Contracts

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease, Landlord shall repair and maintain, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained (a) This Lease is intended to be a net lease. Subject to Paragraphs 15 and 16 of this Lease and any damages caused by Tenant or any Tenant Parties, Landlord shall, at Landlord's sole cost and without right of reimbursement from Tenant, except as otherwise set forth in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease, Landlord shall maintain, repair and maintainreplace only the structural elements of: (a) the roof of the Building (not including the roof membrane, which shall be maintained and repaired as part of Operating Expenses), (b) the exterior walls of the Building (not including painting and caulking, which shall be maintained as part of Operating Expenses), and replace as (c) the foundations and when necessaryslabs, footings, and load- bearing columns and beams of the following items Building (collectively, the "LANDLORD'S REPAIR ITEMSBuilding Structural Elements"), including repairs and replacements to the cost Building Structural Elements necessitated by subgrade movement not caused by Tenant or any of which its agents, contractors or employees. In addition, Landlord shall be included in maintain, repair and replace (as needed) (reasonable wear and tear excluded and damages caused by Tenant or any Tenant Party excluded), as part of Operating Expenses (subject to the extent permitted terms of this Lease, including the amortization of capital improvements and the exclusions to Operating Expenses as described in Section 4.2.4 Paragraph 6(c) above: ), (i) the structural components of the Building fire sprinklers and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and protection systems serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution provided that monitoring of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility pursuant to Xxxxxxxxx 00 xxxxx), (xx) storm drainage and backflow systems serving the Building and Project; and (iii) the exterior parking areas, driveways and landscaping surrounding the Building (provided that regular sweeping of the parking areas and driveways and maintenance and repair of electrical vehicle charging stations shall be Tenant's responsibility pursuant to Paragraph 11 below). Notwithstanding the foregoing, subject to Paragraph 9(c) above, maintenance, repairs and/or replacements necessitated in any material respect by any breach by Tenant or any negligent act or omission of Tenant or any Tenant Party shall be performed at Tenant's cost and expense. The term "walls" as used in this Paragraph 10 shall not include windows, subject to glass or plate glass, doors or overhead doors, special store fronts, dock bumpers, dock plates or levelers, or office entries, all of which shall be maintained by Tenant's right to request that . Tenant shall promptly give Landlord written notice of any repair same required by Landlord pursuant to Section 6.4 above); providedthis Paragraph 10, however, to the extent such maintenance and repairs after which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure have a reasonable opportunity to make any repair such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interferenceitem. Subject to Section 7.3 below, Tenant hereby waives the benefit of California Civil Code Sections 1941 and releases its 1942, and any other statute providing a right to make repairs at Landlord's expense under Sections 1941 and 1942 of deduct the California Civil Code; or under any similar lawcost thereof from the rent, statute, or ordinance now or hereafter except as otherwise expressly set forth in effectParagraph 10(b) below.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease, Landlord shall repair maintain in good condition and maintainrepair, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) at Landlord’s expense, only the structural components elements of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass structural soundness of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside foundation of the Building and the structural elements of the exterior walls of the Building, and (ii) the Common Areas, including the non-structural elements of the roof (including the roof membrane), all life-safety, sprinkler, fire detection, plumbing, electrical and mechanical systems serving the Common Areas or the Building and/or (as opposed to any equipment or systems serving the Premises solely) as well as landscaping and snow and ice removal from sidewalks, parking lots and access roads within the Project), includingall subject to reimbursement in accordance with Section 6 hereinabove; however, without Tenant shall reimburse Landlord for the cost of any maintenance, repair or replacement of the foregoing necessitated by Tenant’s misuse, negligence, alterations to the Premises or any breach of its obligations under this Lease. By way of example, and not limitation, the landscapingterm “exterior walls” as used in this Section shall not include windows, the Parking Facilitiesglass or plate glass, all driveways and sidewalks doors or overhead doors, special store fronts, dock bumpers, dock plates or levelers, or office entries. Tenant shall immediately give Landlord written notice of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished any repair required by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 belowthis Section, (B) after which Landlord shall have a reasonable time in which to complete the repair. Nothing contained in this Section shall be construed to obligate Landlord to seal or otherwise maintain the surface of any alterations performed by foundation, floor or on behalf slab. Tenant expressly waives the benefits of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously statute now or hereafter installed by or on behalf of in effect which would otherwise afford Tenant the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effectrepair.

Landlord’s Repairs. Anything contained Subject to the provisions regarding fire and other casualty losses set forth in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease17 hereof, Landlord shall repair and maintain, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) keep the foundations, roofs, exterior walls, and the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof elements of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees thatpublic areas in the Building, (A) exclusive of the ordinary maintenance Premises and repairs for such HVAC equipment shall be performed other tenant spaces occupied by a service contractor pursuant to a service contract or under the control of tenants, in good order, repair and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairscondition at all times during the Term, and (Bii) with respect to any keep in good order, condition and repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor windows of the Premises (but excluding (A) and the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 belowelectrical, (B) any alterations performed by or on behalf of Tenantplumbing, (C) any supplemental heating, ventilating and air conditioning systems and any servicing the Premises (other systems and equipment installed than as set forth in Tenant's computer rooms or other special areasSection 9(b) above). Notwithstanding the foregoing, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) Landlord shall not be Tenant's responsibility to responsible for the maintenance or repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the extent such maintenance and repairs Building's standard systems which are Landlordlocated within the Premises and are supplemental or special to the Building's responsibility standard systems; and (B) the cost of performing any of said maintenance or repairs, whether to perform are the Premises or to the Building, caused in part or in whole by the act, neglect, fault negligence of or omission of any duty by Tenant, its employees, agents, servants, employees licensees, subtenants, contractors or invitees, shall be paid by Tenant within ten (10) business days after Landlord's demand therefor. Upon reasonable notice (except in the case of an emergency, where no such notice shall pay be required), and so long as Landlord uses good faith efforts to Landlord as additional rent, maintain reasonable access to the reasonable cost Premises and to minimize unreasonable interference with the conduct of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this LeaseTenant's business, Landlord may, but shall not be liable for any failure required to, enter the Premises at all reasonable times to make any such repairs, alterations, improvements and additions to the Premises or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in Building or to any portion of equipment located in the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, as Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right deem necessary or desirable or as Landlord may be required to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; by governmental authority or under any similar law, statute, court order or ordinance now or hereafter in effectdecree.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease13 below, at all times during the Lease Term Landlord shall repair and maintainmaintain in first class order, condition and replace as repair and when necessaryin a manner generally consistent with the maintenance and repair standards of Comparable Buildings, the following items structural portions of the Building (collectivelyincluding, the "LANDLORD'S REPAIR ITEMS"without limitation, foundations, exterior walls, bearing walls, support beams, columns, shafts, elevator cabs and fire stairwells), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components exterior windows of the Building and PremisesBuilding, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, the Base, Shell and Core components of the Building (including the roof membrane restrooms originally installed as part of the Base, Shell and Core and the HVAC equipment currently mechanical, electrical and telephone closets), the Systems and Equipment of the Building located thereon outside the Premises (Landlord agrees thatand inside the Premises to the extent part of the Base, (A) the ordinary maintenance Shell and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayedCore), and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside (and the common areas of the Building Phase IV Real Property, plazas, art work and serving sculptures, until such time as such repair and maintenance obligations therefor are made the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks obligation of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the any common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 abovearea association); provided, however, to the extent such Landlord-required maintenance and repairs which are Landlord's responsibility required to perform are caused in part be performed as a result of the negligence or in whole by the act, neglect, fault of willful misconduct or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject repairs (but only to the extent such cost is not covered by Landlord’s insurance obtained pursuant to Section 10.4 and Articles 11 and 12 10.2 of this Lease). Subject to Sections 6.5 and 10.1 Landlord’s indemnity of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenanceTenant in, and the other provisions of, Section 10.1.2 below and subject to the abatement provisions in Section 6.6 above, there shall be no abatement of rent Rent and no liability of Landlord by reason of (including any liability for any injury to or interference with Tenant's business Xxxxxx’s business) arising from the making of or failure to make any repairs, alterations or improvements in or to any portion of the Real PropertyProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; , or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall not be required to make any repair to, modification of, or addition to the Base, Shell and Core of the Building, and/or the Systems and Equipment of the Building and Project located outside the Premises (and inside the Premises to the extent part of the Base, Shell and Core), except and to the extent required because of (i) any Alterations or Tenant Improvements installed by or on behalf of Tenant (including, without limitation, any Cafeteria/Fitness Center Facilities), (ii) any specific act, omission or negligence of Tenant or Tenant’s agents, contractors, employees or licensees that is not covered by insurance obtained, or required to be obtained by, Landlord as part of Operating Expenses and as to which the waiver of subrogation applies, and/or (iii) Tenant’s specific manner of use of the Premises (as distinguished from the Permitted Office Use).

Landlord’s Repairs. Anything contained in Section 7.1 above Subject to the contrary notwithstanding, provisions of Article XII herein and subject to Articles 11 and 12 Tenant's obligations hereunder, to the extent that the failure to do so would materially detrimentally affect access to or use of this Leasethe Premises, Landlord shall repair all of the following: (i) the Common Facilities; and maintain(ii) damage to the Premises, excluding all leasehold improvements, against which and replace as to the extent to which Landlord is required to be insured pursuant hereto or is otherwise insured and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost against which Tenant is not required to be insured and is not otherwise insured. Landlord's costs of which compliance with this section 10.7 shall be included in Operating Expenses Costs to the extent permitted set out in Section 4.2.4 above: (i) section 2.15. Provided that to the extent that such repair is necessitated directly or indirectly by any act or omission of Tenant or any servant, employee, agent, contractor, invitee or licensee or Tenant, Tenant shall be solely responsible for the cost of such repairs in accordance with section 9.6 and shall indemnify Landlord in respect thereof. The Landlord at its sole expense shall be responsible for structural components repairs and replacements including those to the foundation, exterior walls and roof, if not occasioned by the fault of the Tenant or those for whom the Tenant is responsible. Any such repairs or replacements shall not unreasonably interfere with the Tenant's quiet and peaceful enjoyment of the Premises. It is acknowledged that the roof membrane is a part of the common area cost of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building Leased Premises are situated and is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effecta structural element.

Landlord’s Repairs. Anything contained in Section 7.1 above Landlord, as an Operating Expense (except to the contrary notwithstanding, and subject extent the cost thereof is excluded from Operating Expenses pursuant to Articles 11 and 12 pursuant to Section 5 hereof or except as otherwise expressly set forth in the fourth full paragraph of Section 2(a) of this Lease and/or the fourth full paragraph of Section 2(b) of this Lease), Landlord shall repair shall, subject to the second paragraph of Section 14 below, maintain the (a) Building structure (including the roof), (b) all exterior, parking and maintainother areas outside the Building, and replace as (c) the HVAC, electrical, plumbing, fire sprinklers, elevators and when necessaryall other building systems serving the Premises and other portions of the Project (“Building Systems”), the following items in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, or by any of Tenant, or by any of Tenant’s assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (or any of Tenant’s assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (collectively, “Tenant Parties”) excluded. Subject to the "LANDLORD'S REPAIR ITEMS")provisions of the penultimate paragraph of Section 17, the cost of which losses and damages caused by Tenant or any Tenant Party shall be included in Operating Expenses repaired by Landlord, to the extent permitted in Section 4.2.4 above: not covered by insurance, at Tenant’s sole cost and expense. Landlord reserves the right to stop Building Systems services when necessary (i) the structural components by reason of the Building and Premisesaccident or emergency, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; or (ii) for planned repairs, alterations or improvements, which are, in the roof judgment of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned desirable or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated necessary to be needed with respect to such ordinary maintenance and made, until said repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, alterations or improvements shall have been completed. Landlord shall endeavor have no responsibility or liability for failure to respond, or have supply Building Systems services during any such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass period of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)interruption; provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused that Landlord shall, except in part or in whole by the actcase of emergency, neglect, fault of or omission give Tenant 5 business days advance notice of any duty by planned stoppage of Building Systems services for routine maintenance, repairs, alterations or improvements. Landlord shall use reasonable efforts to coordinate any planned stoppages of Building Systems with Tenant to minimize interference with Tenant, its agents, servants, employees or invitees, ’s operations in the Premises during any such planned stoppages of Building Systems. Tenant shall pay promptly give Landlord written notice of any repair required by Landlord pursuant to this Section, after which Landlord as additional rent, the shall make a commercially reasonable cost of effort to effect such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Leaserepair. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Tenant’s written notice of the need for such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of . Tenant waives its rights under any injury state or local law to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in terminate this Lease or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any make such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 agrees that the parties’ respective rights with respect to such matters shall be solely as set forth herein. Repairs required as the result of the California Civil Code; or under any similar lawfire, statuteearthquake, flood, vandalism, war, or ordinance now similar cause of damage or hereafter in effectdestruction shall be controlled by Section 18.

Landlord’s Repairs. Anything contained Subject to the provisions regarding fire and other casualty losses set forth in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease17 hereof, Landlord shall repair and maintain, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) keep the core and shell (as defined in Section 17(e) below), including foundations, roofs, gutters, downspouts, exterior walls, and the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof elements of the Building, including the roof membrane wiring, plumbing, pipes, conduits and equipment of the Building that serve the Premises but are not located within the Premises, and the HVAC equipment currently located thereon (Landlord agrees thatCommon Areas in the Building, (A) exclusive of the ordinary maintenance Premises and repairs for such HVAC equipment shall be performed other tenant spaces occupied by a service contractor pursuant to a service contract or under the control of tenants, in good order, repair and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairscondition at all times during the Term, and (Bii) with respect to any keep in good order, condition and repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor windows of the Premises (but excluding (A) and the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 belowelectrical, (B) any alterations performed by or on behalf of Tenantplumbing, (C) any supplemental heating, ventilating and air conditioning systems servicing the Premises (other than as set forth in Section 9(b) above). Subject to the provisions regarding fire and any other systems casualty losses set forth in Section 17 hereof and equipment installed in Tenant's computer rooms to Sections 16 and 18 of this Lease, Landlord, at its sole cost and expense and not as part of Expenses, will promptly and adequately repair all damage to the Premises caused by Landlord or other special areasits contractors, and (D) any other non-base building facilities previously agents or hereafter installed by or on behalf of employees. Notwithstanding the prior tenants of the Building and/or Tenantforegoing, all of which items in (A) through Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (DB) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right the provisions regarding fire and other casualty losses set forth in Section 17 hereof and to request that Landlord repair same pursuant to Section 6.4 above); providedSections 16 and 18 of this Lease, howeverthe cost of performing any of said maintenance or repairs, whether to the extent such maintenance and repairs which are Landlord's responsibility Premises or to perform are the Building, caused in part or in whole by the act, neglect, fault negligence of or omission of any duty by Tenant, its employees, agents, servants, employees licensees, subtenants, contractors or invitees, shall be paid by Tenant shall pay within thirty (30) days after Landlord’s demand therefor. So long as Landlord uses good faith efforts to Landlord as additional rent, maintain reasonable access to the reasonable cost Premises and to minimize unreasonable interference with the conduct of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this LeaseTenant’s business, Landlord may, but shall not be liable for any failure required to, enter the Premises at all reasonable times, upon prior written or oral notice to Tenant (except that no such notice or reasonable time requirement shall be required in the case of an emergency), to make repairs, alterations, improvements and additions to the Premises or to the Building (provided that any such repairsalterations, improvements or additions performed within the Premises under this subclause shall only be performed with respect to Building systems, Building structure or core and shell, or to perform other base Building elements located therein or any maintenanceother items required by applicable Laws, and there shall may be no abatement performed during normal Building business hours only so long as such work will not materially and adversely affect Tenant’s business operation or the size of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in Premises) or to any portion equipment located in the Building as Landlord shall reasonably desire or deem necessary or as Landlord may be required to make by governmental authority or court order or decree. If Landlord fails to perform its obligations under this Section 9(c) and such failure materially interferes with Tenant’s use and occupancy of the Real PropertyPremises such that Tenant cannot reasonably maintain its business operation, Building Tenant may deliver written notice to Landlord specifying the default in question and stating the action which Tenant believes is required under the terms of this Lease to remedy such failure. If Landlord fails to commence to cure such default within ten (10) business days after receipt of written notice from Tenant, Tenant may give Landlord a second written notice (the “Self-Help Notice”) of such default, which notice shall also state Tenant’s intention to exercise the self-help remedy set forth in this Section 9(c) and a detailed description of the work to be performed, or actions to be taken, by Tenant to cure Landlord’s default, together with a contractor’s estimate of the cost to perform such work or take such action. If Landlord fails to commence to cure such default within five (5) business days after receipt of such second notice and to thereafter diligently prosecute such cure to completion, Tenant may engage qualified contractors to perform the work and take the actions described in the Self-Help Notice. In such event, said contractors are hereby granted the right to enter those portions of the Project which are reasonably necessary for the performance of such work and taking of such action. Landlord shall reimburse Tenant for the costs reasonably expended to perform such work and take such actions within thirty (30) days after Tenant’s submission to Landlord of invoices for the work performed, evidence of payment of such invoices, and final lien waivers from any contractor which has performed lienable work. If and to the extent that the Premises or Lobby sustain recurring leakage due to (i) Landlord’s activities in or above the Premises or Lobby, (ii) concealed pipes, ducts, wiring, conduits or appurtenances thereto in and through the Premises or Lobby in walls, below the floor or above the suspended ceiling; or (iii) from a Building condition, and if Tenant is not reasonably satisfied with Landlord’s repair of the leakage area or remediation of the condition causing such leakage, then Tenant may, at Tenant’s sole cost, engage an expert to fixturesanalyze the cause of such leakage and the work required to remedy the condition. Landlord agrees to review the written assessment of such expert, appurtenances to consult in good faith with Tenant regarding the remedial work required and equipment therein; however, Landlord shall use to take such commercially reasonable efforts steps as a prudent owner of Comparable Buildings would take to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of remediate the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effectleakage problem.

Landlord’s Repairs. Anything contained Landlord shall, at Landlord’s sole expense (and not as an Operating Expense), be responsible for capital repairs and replacements of the roof (not including the roof membrane), exterior walls, structural walls, concrete flooring and foundation of the Buildings (“Structural Items”) unless the need for such repairs or replacements is caused by Tenant or any Tenant Parties (reasonable wear and tear excluded), in Section 7.1 above to the contrary notwithstandingwhich case Tenant shall, and subject to Articles 11 and 12 of this LeaseSection 17, bear the full cost to repair or replace such Structural Items. Landlord shall repair and maintainshall, and replace as and when necessary, the following items an Operating Expense (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses except to the extent permitted the cost thereof is expressly excluded from Operating Expenses pursuant to Section 5 hereof), be responsible for the routine maintenance and repairs of such Structural Items. In addition, Landlord, as an Operating Expense (except to the extent the cost thereof is expressly excluded from Operating Expenses pursuant to Section 5 hereof), shall maintain (which maintenance may include, in Section 4.2.4 above: (iLandlord’s reasonable discretion, repairs and/or replacements) the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and all of the HVAC equipment currently located thereon exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers, elevators and all other building systems serving the Premises and other portions of the Project (Landlord agrees that“Building Systems”), in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, or by any of Tenant, or by any of Tenant’s assignees, sublessees, licensees, agents, servants, employees, invitees and contractors (Aor any of Tenant’s assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) the ordinary maintenance (collectively, “Tenant Parties”) excluded. Losses and repairs for such HVAC equipment damages caused by Tenant or any Tenant Party shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected repaired by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not covered by insurance, at Tenant’s sole cost and expense. Landlord reserves the responsibility right to stop Building Systems services when reasonably necessary (i) by reason of the local utility to maintain); accident or emergency, or (viii) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbingfor planned repairs, heatingalterations or improvements, ventilatingwhich are, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor reasonable judgment of the Premises (but excluding (A) the distribution Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)interruption; provided, however, that Landlord shall, except in case of emergency, make a commercially reasonable effort to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission give Tenant 24 hours advance notice of any duty by Tenantplanned stoppage of Building Systems services for routine maintenance, its agentsrepairs, servants, employees alterations or invitees, improvements. Tenant shall pay promptly give Landlord written notice of any repair required by Landlord pursuant to this Section, after which Landlord as additional rent, shall make a commercially reasonable effort to effect such repair. Landlord shall use reasonable efforts to minimize interference with Tenant’s operations in the reasonable cost Premises during the performance of such Landlord’s repair and maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of obligations under this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Tenant’s written notice of the need for such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of . Tenant waives its rights under any injury state or local law to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in terminate this Lease or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any make such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 agrees that the parties’ respective rights with respect to such matters shall be solely as set forth herein. Repairs required as the result of the California Civil Code; or under any similar lawfire, statuteearthquake, flood, vandalism, war, or ordinance now similar cause of damage or hereafter in effectdestruction shall be controlled by Section 18.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease13 below, at all times during the Lease Term Landlord shall repair and maintainmaintain in first class order, condition and replace as repair and when necessaryin a manner generally consistent with the maintenance and repair standards of Comparable Buildings, the following items structural portions of the Building (collectivelyincluding, the "LANDLORD'S REPAIR ITEMS"without limitation, foundations, exterior walls, bearing walls, support beams, columns, shafts, elevator cabs and fire stairwells), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components exterior windows of the Building and PremisesBuilding, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, the Base, Shell and Core components of the Building (including the roof membrane restrooms originally installed as part of the Base, Shell and Core and the HVAC equipment currently mechanical, electrical and telephone closets), the Systems and Equipment of the Building or Project located thereon outside the Premises (Landlord agrees thatand inside the Premises to the extent part of the Base, (A) the ordinary maintenance Shell and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayedCore), and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside (and the common areas of the Building and serving the Building and/or ProjectReal Property, including, without limitation, the landscaping, including the Parking Facilities, all driveways plazas, art work and sidewalks sculptures, until such time as such repair and maintenance obligations therefor are made the obligation of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the any common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 abovearea association); provided, however, to the extent such Landlord-required maintenance and repairs which are Landlord's responsibility required to perform are caused in part be performed as a result of the negligence or in whole by the act, neglect, fault of willful misconduct or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject repairs (but only to the extent such cost is not covered by Landlord’s insurance obtained pursuant to Section 10.4 and Articles 11 and 12 10.2 of this Lease). Subject to Sections Landlord’s indemnity of Tenant in Section 10.1.2 below and subject to the abatement provisions in Section 6.5 and 10.1 of this Leaseabove, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent Rent and no liability of Landlord by reason of (including any liability for any injury to or interference with Tenant's business ’s business) arising from the making of or failure to make any repairs, alterations or improvements in or to any portion of the Real Property, the Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; , or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall not be required to make any repair to, modification of, or addition to the Base, Shell and Core of the Building, and/or the Systems and Equipment of the Building and Project located outside the Premises (and inside the Premises to the extent part of the Base, Shell and Core), except and to the extent required because of (i) any Alterations or Tenant Improvements installed by or on behalf of Tenant, (ii) any specific act, omission or negligence of Tenant or Tenant’s agents, contractors, employees or licensees that is not covered by insurance obtained, or required to be obtained by, Landlord as part of Operating Expenses and as to which the waiver of subrogation applies, and/or (iii) Tenant’s specific manner of use of the Premises (as distinguished from general office use).

Landlord’s Repairs. Anything contained Subject to Paragraphs 15 and 16 of this Lease and excluding any damages caused by Tenant or any Tenant Party, Landlord shall, at Landlord's sole cost (and not included in Section 7.1 above Operating Expenses), except as otherwise set forth in this Lease, maintain in good condition and repair the structural elements of: (a) the roof of the Building (not including the roof membrane, which shall be maintained and repaired by Landlord as part of Operating Expenses), (b) the exterior walls of the Building (not including painting and caulking, which shall be maintained by Landlord as part of Operating Expenses), and (c) the foundations for the Building (collectively, the "Building Structural Elements"), including repairs to the contrary notwithstandingBuilding Structural Elements necessitated by subgrade movement. Additionally, and subject to Articles 11 Paragraphs 15 and 12 16 of this Lease, Landlord shall maintain and repair and maintainkeep the same in a good condition and repair (reasonable wear and tear excluded and damages caused by Tenant or any Tenant Party excluded), as part of Operating Expenses (subject to the terms of this Lease, including the amortization of capital improvements and the exclusions to Operating Expenses as described in Paragraph 6(c) above), (I) the non- structural elements of the roof (including the roof membrane), and replace as and when necessary, (II) the following items Common Areas; utilities systems (collectively, including the "LANDLORD'S REPAIR ITEMS"), electrical system) serving the cost Building up to the point of which shall be included in Operating Expenses connection with the Building; any Building systems to the extent permitted in Section 4.2.4 above: such systems are installed by Landlord and not exclusively serving the Premises; the fire pump(s) serving the Project; the non-structural elements of the roof (i) including the roof membrane); the non-structural components elements of the exterior walls (it being agreed that any costs incurred by Landlord to paint the exterior of the Building shall passed through to Tenant as part of Operating Expenses in accordance with Paragraph 6 above); the non-structural elements of the foundations; and Premisesthe exterior areas of the Project, including including, but not limited to, the footings, foundation, vertical parking areas and horizontal structural steel, floor slabs, columns driveways of the Premises and lateral supports of the landscaping and grounds surrounding the Building and Premises; Project (ii) the roof of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscapingmowing thereof and snow removal thereon). The term "walls" as used in this Paragraph 10 shall not include windows, the Parking Facilitiesglass or plate glass, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbingdoors or overhead doors, heatingspecial store fronts, ventilatingdock bumpers, air conditioningdock plates or levelers, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenantoffice entries, all of which items in (A) through (D) shall be maintained by Tenant's responsibility . Tenant shall promptly give Landlord written notice of any repair required by Landlord pursuant to this Paragraph 10, after which Landlord shall have a reasonable opportunity to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Leaseitem. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives the benefit of California Civil Code Sections 1941 and releases its 1942, and any other statute providing a right to make repairs at and deduct the cost thereof from the rent or to terminate this Lease due to Landlord's expense under Sections 1941 failure to keep the Premises in good order, condition and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effectrepair.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstandingLandlord shall, at Landlord's sole expense (and subject to Articles 11 and 12 of this Lease, Landlord shall repair and maintain, and replace not as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"an Operating Expense), be responsible for capital repairs and replacements of the cost of which shall be included in Operating Expenses to roof (not including the extent permitted in Section 4.2.4 above: (i) the roof membrane), exterior walls, structural components elements and foundation of the Building (“Structural Items”), unless the need for such repairs or replacements is caused by the act or omission of Tenant or any Tenant Parties, in which case Tenant shall bear the full cost to repair or replace such Structural Items. Landlord shall (with all related costs included as an Operating Expense) be responsible for the routine maintenance and Premisesrepair of such Structural Items. Landlord shall (with all related costs included as an Operating Expense, including subject to and in accordance with the footingsterms and conditions of Section 5 hereof) maintain, foundation, vertical repair and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including replace the roof membrane and all of the exterior, parking and other Common Areas of the Project, including HVAC, plumbing, fire sprinklers and all other electrical, plumbing, mechanical, HVAC and life safety systems and equipment currently of the Building serving the Premises and any other portion of the Project (“Building Systems”), but excluding those located thereon (Landlord agrees thatin and exclusively serving the Premises, (A) in good working order and repair, reasonable wear and tear and uninsured losses and damages excluded. Notwithstanding the ordinary maintenance and repairs for such HVAC equipment foregoing, Tenant shall be performed responsible for the cost to repair all damage to the Structural Items and the Building Systems caused by a service contractor pursuant to a service contract Tenant, or by any of Tenant, or by any of Tenant’s assignees, sublessees, licensees, agents, servants, employees, invitees and maintenance contractors (or any of Tenant’s assignees, sublessees and/or licensees respective agents, servants, employees, invitees, and repair program thereunder selected contractors) (collectively, “Tenant Parties”). Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not covered by insurance, at Tenant’s sole cost and expense, payable within thirty (30) days following Landlord’s written invoice therefor. Landlord reserves the responsibility right to stop Building Systems services when necessary (i) by reason of the local utility to maintain); accident or emergency, or (viii) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbingfor planned repairs, heatingalterations or improvements, ventilatingwhich are, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor judgment of the Premises (but excluding (A) the distribution Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)interruption; provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused that Landlord shall, except in part or in whole by the actcase of emergency, neglect, fault of or omission give Tenant 24 hours advance notice of any duty by Tenantplanned stoppage of Building Systems services for routine maintenance, its agentsrepairs, servants, employees alterations or invitees, improvements and shall use commercially reasonable efforts to minimize the duration and extent of any such interruption. Tenant shall pay promptly give Landlord written notice of any repair required by Landlord pursuant to this Section 13, after which Landlord as additional rent, the shall make a commercially reasonable cost of effort to effect such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Leaserepair. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after Xxxxxx’s written notice of the need for such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of . Tenant waives its rights under any injury state or local law to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in terminate this Lease or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any make such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 agrees that the parties’ respective rights with respect to such matters shall be solely as set forth herein. Repairs required as the result of the California Civil Code; or under any similar lawfire, statuteearthquake, flood, hurricane, sinkhole, tornado, vandalism, war, or ordinance now similar cause of damage or hereafter in effectdestruction shall be controlled by Section 18.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease13 below, at all times during the Lease Term Landlord shall repair and maintainmaintain in good order, condition and replace as repair and when necessaryin a manner generally consistent with the maintenance and repair standards of the Comparable Buildings, the following items structural portions of the Building (collectivelyincluding, the "LANDLORD'S REPAIR ITEMS"without limitation, foundations, exterior walls, bearing walls, support beams, columns, shafts, elevator cabs and fire stairwells), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components exterior windows of the Building and PremisesBuilding, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, the Base, Shell and Core components of the Building (including the roof membrane restrooms originally installed as part of the Base, Shell and Core and the HVAC equipment currently mechanical, electrical and telephone closets), the Systems and Equipment of the Building located thereon outside the Premises (Landlord agrees thatand inside the Premises to the extent part of the Base, (A) the ordinary maintenance Shell and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayedCore), and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside (and the common areas of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only Phase IV Real Property to the extent such utility lines repair and maintenance obligations are not the responsibility obligations of the local utility to maintain); (vi) the elevators of the Building; (vii) the any common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 abovearea association); provided, however, to the extent such Landlord-required maintenance and repairs which are Landlord's responsibility required to perform are caused in part be performed as a result of the negligence or in whole by the act, neglect, fault of willful misconduct or omission of any duty by Tenant, its agents, servantsemployees, employees licensees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable reasonable, actual and documented cost of such maintenance and repairs, subject repairs (but only to the extent such cost is not covered by Landlord’s insurance obtained pursuant to Section 10.4 and Articles 11 and 12 of this Lease10.2 below). Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there There shall be no abatement of rent (except as provided in Section 6.6 above) and except as provided in Section 10.1.2 below, no liability of Landlord by reason of (including any liability for any injury to or interference with Tenant's business ’s business) arising from the making of or failure to make any repairs, alterations or improvements in or to any portion of the Real PropertyProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; , or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding the foregoing or anything in this Lease to the contrary, Tenant shall not be required to make any repair to, modification of, or addition to the Base, Shell and Core of the Building, and/or the Systems and Equipment of the Building and Project located outside the Premises (and inside the Premises to the extent part of the Base, Shell and Core), except and to the extent required because of (i) any Alterations or Tenant Improvements installed by or on behalf of Tenant, (ii) the negligence or willful misconduct or omission of any duty by or of Tenant or Tenant’s agents, contractors, employees, licensees or invitees that is not covered by insurance obtained, or required to be obtained by, Landlord as part of Operating Expenses and as to which the waiver of subrogation applies, and/or (iii) Tenant’s specific manner of use of the Premises (as distinguished from general office use). Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises during Landlord’s entry into the Premises to perform such work pursuant to the foregoing provisions of this Section 7.2, including, performing any non-emergency work outside of the Business Hours to the extent commercially practicable and not typically performed by Landlord during the Business Hours.

Landlord’s Repairs. Anything contained in Section 7.1 Paragraph 8(a) above to the contrary notwithstanding, and subject to Articles Paragraphs 10 and 11 and 12 of this Lease, Landlord shall repair and maintain, and replace as and when necessarypart of Operating Expenses, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: “Landlord’s Repair Items”): (i) the structural components common areas of the Building Project (including those systems and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of equipment located outside the Building and Premises; (ii) but serving the Building, but excluding the HVAC equipment located on the roof of the Building, subject, however, to Landlord’s obligations regarding replacement of the HVAC equipment located on the roof of the Building provided in Section 8(e) below); (ii) the structural portions of the roof (including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is mademembrane); (iii) all exterior walls the foundation and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors floor slabs of the Building; and (viiiiv) the basic plumbingexterior walls and load-bearing portions of walls (excluding wall coverings, heatingpainting, ventilating, air conditioning, electrical, temporary sprinkler glass and fire detection/alarm systems originally installed or furnished by Landlord as part doors) of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servantsemployees, employees contractors, subtenants, licensees or invitees, Tenant shall pay directly to Landlord as additional rentrent (but not as part of Operating Expenses), the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, maintenance and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Real PropertyProject, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect. In addition to the foregoing obligations, Landlord shall comply with all applicable laws (including, without limitation, the Americans With Disabilities Act of 1990 or any other applicable state or federal accessibility laws or regulations) relating to Landlord’s Repair Items. The cost of such compliance (other than the cost to correct any non-compliance of Landlord’s Repair Items with laws that exist as of the Effective Date of the Fifth Amendment [as defined in the Fifth Amendment]) shall be included in Operating Expenses (provided, however, to the extent the cost of such compliance pertains to a capital improvement, such cost shall be amortized, including interest on the unamortized cost at a rate equal to Landlord’s cost of funds [the “Interest Rate”] in equal annual installments over the reasonable useful life of the applicable capital improvement as established by the manufacturer of the applicable capital improvement) Landlord shall provide reasonable evidence to Tenant of its cost of funds.”

Landlord’s Repairs. Anything contained in Except for the repairs and replacements that Tenant is required to make pursuant to Section 7.1 11.1 above and/or pursuant to the contrary notwithstanding, Exhibit “J” attached hereto and subject to Articles 11 and 12 of this Leasemade a part hereof, Landlord shall repair make all other repairs, maintenance and maintainreplacements to the Premises, Common Areas and replace as Building (including Building fixtures and when necessaryequipment and including without limitation (a) sidewalks, driveways, lighting, gardening, landscaping, elevators, service areas, curbs, glass and parking; the exterior and to the structure of the Building, including, but not limited to, the following items roof (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components including water tightness of the Building and the Premises), walls (including caulking), floors, all Building systems, including without limitation all plumbing, electrical, lighting and mechanical equipment, fixtures and systems serving the Premises, including the footings, foundation, vertical Common Area and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including the roof membrane and foundations and landscape maintenance, and the HVAC equipment currently located thereon Building equipment; (Landlord agrees that, (Ab) which are required because of damage or destruction by fire or other peril covered by the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respondall risk insurance policies, or have such service contractor respond, by reason of acts of God applicable to such request within four (4) hours after such request is made); (iii) all exterior walls the Premises and exterior glass of the Building; (ivc) which require a capital expenditure; (d) which are required because of faulty construction or latent defect; (e) which are required in order to comply with any and all federal, state or local law(s) and regulation(s) now in effect or which may hereafter be in effect relating to the fire stairwells within Premises, the Building; (v, the property and to any systems, facilities, equipment, components, structures or services therein) all common areas of as shall be reasonably deemed necessary to maintain the Building and/or located outside of in a condition comparable to other first class office buildings in the Building Colorado Springs North I-25 corridor and serving (f) which are expressly set forth on Exhibit “H”. . This maintenance shall include the Building and/or Projectroof, includingfoundation, without limitationexterior walls, the landscaping, the Parking Facilitiesinterior structural walls, all driveways and sidewalks of the Project structural components, and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent systems such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on as mechanical, electrical, multi-tenant floors of the Building; HVAC (if applicable), and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as . The costs associated with such repairs shall be deemed a part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)Expenses; provided, however, to the extent that costs of all of such maintenance and repairs which are Landlord's responsibility to perform are caused would be considered capital in part or in whole nature under generally accepted accounting principles shall be paid by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost a portion of such maintenance Building Expenses and repairs, subject to amortized in accordance with generally accepted accounting principles as described in Section 10.4 and Articles 11 and 12 of this Lease6.2.2.12 above. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there There shall be no allowance to Tenant for a diminution of rental value, no abatement of rent rent, and no liability on the part of Landlord by reason of any inconvenience, annoyance or injury to or interference with Tenant's business arising from Landlord, Tenant or others making any repairs or performing maintenance as provided for herein. Notwithstanding anything to the making contrary set forth above, the parties acknowledge and agree that Landlord shall maintain, repair and/or replace the HVAC system as necessary, and shall pass through the costs of such maintenance or repair to Tenant as additional rent hereunder. Provided that the replacement of the HVAC system is not caused by Tenant’s misuse hereunder, Landlord shall not pass through the costs of any repairsreplacement of the HVAC system. If Landlord fails to make the repairs required under this Section 11.2, alterations and such failure is not the result of any reason listed in Section 27 herein or improvements in the result of any action or inaction on Tenant’s part, and as a result thereof, Tenant shall be not able to use all or any portion of the Real Property, Building Premises and does not in fact use all or any portion of the Premises for a period of ten (10) consecutive business days or in or more after notice thereof to fixturesLandlord then, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts except as provided herein with respect to minimize any such interference. Subject to Section 7.3 belowcasualty, Tenant hereby waives shall be entitled to axxxx Base Rent and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 additional rent, such abatement commencing as of the California Civil Code; eleventh (11th) business day after Tenant ceased using all or under any similar law, statute, or ordinance now or hereafter in effectsuch portion of the Premises and shall continue to be abated until such time as the applicable repair has been completed.

Landlord’s Repairs. Anything contained in Section 7.1 above to the ------------------ contrary notwithstanding, and subject to Articles 11 and 12 of this Lease, Landlord shall repair and maintain, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) maintain the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof portions of the Building, including the roof membrane and the HVAC equipment currently located thereon (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or ProjectReal Property, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler conditioning and fire detection/alarm electrical systems originally installed or furnished by Landlord as part of serving the Building's base, shell Building and core, including the existing electrical power panels and circuit breakers not located in the electrical closets Premises (collectively, "BASE BUILDING SYSTEMS") and the public restrooms on each floor of the Premises (but excluding (A) Building in good order, repair and condition and in a manner at least comparable to the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)Comparable Buildings; provided, however, to the extent if such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall shall, subject to Article 10, pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs. The Base Building Systems shall not include Tenant's Supplemental HVAC Units or any other Data Center Work, subject but shall include the Emergency Generator or Xxxxxxx Plug (as defined in Section 6.7 above) and related electrical cabling to Section 10.4 the Premises. In addition to the foregoing, such portions of the Building and Articles 11 the Real Property (including, without limitation, the common areas and 12 Base Building Systems) shall be maintained by Landlord in a condition and a state of this Leaserepair at least comparable to the condition and state of repair in which the Comparable Buildings are being maintained. Subject Furthermore, Landlord shall comply with all laws which are applicable to Sections 6.5 the common areas of the Building and 10.1 Real Property, the structural portions of this Leasethe Building and the Base Building Systems, the cost of which compliance shall be included in Operating Expenses except to the extent specifically excluded therefrom in Article 4; provided however that (i) to the extent any such costs are incurred to rectify any such non-compliance of any such portion of the Real Property in existence as of the Lease Commencement Date and not resulting from Tenant's Data Center Work, Landlord shall pay for such costs from its own funds and not as part of Operating Expenses, and (ii) to the extent any such compliance is necessitated by any Tenant-Caused Events (as defined below), Tenant shall be liable for such compliance at Tenant's sole cost and expense. As used herein, "TENANT-CAUSED EVENTS" shall mean any such compliance necessitated by (A) any Alterations performed by or for Tenant which is not otherwise included in Landlord's obligation in clause (i) hereinabove, (B) the Data Center Work, (C) any specific act or negligence of Tenant or Tenant's agents, employees, licensees or invitees, and/or (D) by Tenant's specific manner of use of the Premises. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenancemaintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant, and there such repairs by Landlord shall be diligently prosecuted to completion during non-Business Hours, to the extent practicable. There shall be no abatement of rent (except as expressly provided in Section 6.5 and Articles 11 and 12) and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to Landlord shall, at Landlord’s sole expense (and not as an Operating Expense), be responsible for capital repairs and replacements of the contrary notwithstandingroof (not including the roof membrane), all parts of the footings, foundations, exterior wall assemblies, including bearing walls, trusses, structural steel, structural wood, structural concrete, joists, beams, columns, roof deck and subject to Articles 11 structure, curtain walls, subfloors of the Project and 12 of this Lease, Landlord shall repair and maintain, and replace as and when necessary, the following items underground tanks (collectively, “Structural Items”) unless the "LANDLORD'S REPAIR ITEMS")need for such repairs or replacements is caused by Tenant or any Tenant Parties, in which case Tenant shall bear the full cost to repair or replace such Structural Items. Landlord shall, as an Operating Expense, be responsible for the routine maintenance and repair of which such Structural Items. Landlord, as an Operating Expense, shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components of the Building maintain, repair and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Building, including replace the roof membrane and (a) all of the HVAC equipment currently located thereon exterior, parking and other Common Areas of the Project (Landlord agrees that, (A) the ordinary maintenance and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlordincluding, but subject to Tenant's approvalnot limited to, which shall not be unreasonably withheld, conditioned or delayed, the Shared Lab Areas and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairsShared Conference Areas), and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iiib) all exterior walls Building systems serving the Premises and exterior glass other portions of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, Project including, without limitation, the landscapingHVAC, the Parking Facilitiesplumbing, all driveways fire sprinklers (“Building Systems”), Net Multi-Tenant Office/Laboratory 0000 Xxx Xxxx – Xxxxx 000/enGene - Page 14 in good repair, reasonable wear and sidewalks tear and uninsured losses (unless such loss would have been reimbursed by insurance required to be carried by Landlord pursuant to Section 17, and Landlord failed to maintain such insurance) and damages caused by Xxxxxx, or by any of the Project Tenant’s assignees, sublessees, licensees, agents, servants, employees, invitees and all utility lines leading from the property line contractors (or any of the land upon which the Building is located to the Building exterior Tenant’s assignees, sublessees and/or licensees respective agents, servants, employees, invitees and contractors) (but only collectively, “Tenant Parties”) excluded. Losses and damages caused by Tenant or any Tenant Party shall be repaired by Landlord, to the extent such utility lines are not covered by insurance, at Tenant’s sole cost and expense. Landlord reserves the responsibility right to stop Building Systems services when necessary (i) by reason of the local utility to maintain); accident or emergency, or (viii) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbingfor planned repairs, heatingalterations or improvements, ventilatingwhich are, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor judgment of the Premises (but excluding (A) the distribution Landlord, desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed. Landlord shall have no responsibility or liability for failure to supply Building Systems services during any such period of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)interruption; provided, however, that Landlord shall, except in case of emergency, make a commercially reasonable effort to give Tenant 2 business days’ advance notice of any planned stoppage of Building Systems services for routine maintenance, repairs, alterations or improvements. Landlord shall use reasonable efforts to minimize interference with Xxxxxx’s operations in the extent such Premises in connection with the stoppage of Building Systems or in the undertaking of maintenance and repairs which are Landlord's responsibility pursuant to perform are caused in part or in whole by the act, neglect, fault of or omission this Section 13. Tenant shall promptly give Landlord written notice of any duty repair that Tenant acquires knowledge of required by TenantLandlord pursuant to this Section, its agents, servants, employees or invitees, Tenant after which Landlord shall pay make a commercially reasonable effort to Landlord as additional rent, the reasonable cost of effect such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Leaserepair. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, repairs or to perform any maintenance, and there maintenance unless such failure shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion persist for an unreasonable time after Xxxxxx’s written notice of the Real Property, Building need for such repairs or the Premises or in or to fixtures, appurtenances and equipment therein; however, maintenance. Landlord shall use commercially reasonable efforts to minimize act diligently and expeditiously in the completion of such repairs. Tenant waives its rights under any such interference. Subject provincial or municipal law to Section 7.3 below, Tenant hereby waives and releases its right terminate this Lease or to make such repairs at Landlord's ’s expense under Sections 1941 and 1942 agrees that the parties’ respective rights with respect to such matters shall be solely as set forth herein. Repairs required as the result of the California Civil Code; or under any similar lawfire, statuteearthquake, flood, vandalism, war, or ordinance now similar cause of damage or hereafter in effectdestruction shall be controlled by Section 18.

Landlord’s Repairs. Anything contained in Section 7.1 above In addition to the contrary notwithstandingGuarantee provided in ------------------ paragraph 12.1 of Exhibit "C", during the Term, Landlord, at its sole cost and subject ---------- expense (and not as a component of Operating Expenses pursuant to Articles 11 Section 6.1), ------------ shall maintain and 12 repair in first-class condition the roof and structural elements (which, for the purposes of this LeaseLease shall mean load bearing walls, Landlord shall repair foundation, roof system and maintain, glazing and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components curtain wall systems of the Building and Garage, excluding items of a cosmetic nature). Except to the extent maintained by Tenant in accordance with Section 10.2, Landlord, at its initial cost, ------------ recoverable as an Operating Expense pursuant to Section 6.1 (except as excluded under Section 6.3), shall make and perform all other routine maintenance of the ----------- Demised Premises and all necessary repairs to every portion and element of the Demised Premises, including the footingsordinary and extraordinary, foundationforeseen and unforeseen, vertical of every nature, kind and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof of the Buildingdescription, including without limitation, repairs to electricity, water, sewer, and other utility lines and connections, roadways, driveways and paved parking areas. When used in this Article 10, "repairs" shall ---------- include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Landlord shall be at least equal in quality to the roof membrane original work and the HVAC equipment currently located thereon (shall be made by Landlord agrees thatin accordance with all Laws, (A) the ordinary whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs for such HVAC equipment shall be performed measured by a service contractor pursuant to a service contract the standards which are appropriate for improvements of similar construction and maintenance and repair program thereunder selected by Landlordclass in the Westshore submarket of Tampa, but subject to Tenant's approvalFlorida, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, provided that Landlord shall endeavor in any event make all repairs necessary to respond, avoid any structural damage or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located other damage or injury to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's base, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided, however, to the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effectImprovements.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Articles 11 and 12 of this Lease, Landlord shall maintain and keep in good repair and maintaincondition at all times during the Lease Term, in a manner substantially consistent with the maintenance and replace as and when necessaryoperations standards employed by landlords of Comparable Buildings, the following items (collectivelyexterior walls, foundation and roof of the Building, the "LANDLORD'S REPAIR ITEMS")Common Areas, the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) the structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof portions of the Building, including the roof membrane floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, stairwells (excluding internal stairwells), escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, men’s and women’s public washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, “Building Structure”) and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other building systems and equipment currently located thereon which were not constructed by, and are not for the exclusive use of, Tenant or Tenant Parties (Landlord agrees thatcollectively, the “Building Systems”). Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent required because of (Ai) Tenant’s use of the Premises for other than other than normal and customary business office operations, or (ii) the ordinary maintenance negligence or willful misconduct of Tenant or the Tenant Parties, unless and repairs for such HVAC equipment shall be performed by a service contractor pursuant to a service contract and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairs, and (B) with respect to any repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass of the Building; (iv) the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility damage is covered by insurance carried or required to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioning, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as part of qualified and conditioned will hereinafter be defined as the Building's base“BS/BS Exception”). Landlord may, shell and corebut shall not be required to, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of enter the Premises (but excluding (Aexcept during emergencies, Landlord may not enter “Secured Areas,” as that term is defined in Article 22 of this Lease) the distribution of at all reasonable times to make such systems repairs, alterations, improvements or additions to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed to the Project or constructed to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any other systems and equipment installed in Tenant's computer rooms or other special areas, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through (D) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above)Applicable Laws; provided, however, to except for emergencies, any such entry into the extent such maintenance and repairs which are Landlord's responsibility to perform are caused in part or in whole Premises by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this Lease, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements performed in or to any portion of the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, Landlord shall use commercially reasonable efforts a manner so as to minimize any such interferencematerial or adverse affect upon Tenant’s use of, or ingress or egress to, the Premises. Subject to Section 7.3 below, Tenant hereby waives any and releases its right to make repairs at Landlord's expense all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained Subject to the provisions regarding fire and other casualty losses set forth in Section 7.1 above to the contrary notwithstanding17 hereof, Landlord shall, at its sole cost and expense and subject to Articles 11 and 12 of this Leaseno pass through to Tenant, Landlord shall repair and maintain, and replace as and when necessary, the following items (collectively, the "LANDLORD'S REPAIR ITEMS"), the cost of which shall be included in Operating Expenses to the extent permitted in Section 4.2.4 above: (i) keep the foundations, roofs, exterior walls, exterior glass, structural components of the Building and Premises, including the footings, foundation, vertical and horizontal structural steel, floor slabs, columns and lateral supports of the Building and Premises; (ii) the roof elements of the Building, including the roof membrane Building’s plumbing and wiring, grounds and landscaping, and the HVAC equipment currently located thereon (Landlord agrees thatcommon, (A) parking and public areas, exclusive of the ordinary maintenance Premises and repairs for such HVAC equipment shall be performed other tenant spaces occupied by a service contractor pursuant to a service contract or under the control of tenants, in good order, repair and maintenance and repair program thereunder selected by Landlord, but subject to Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed, and which contract shall, among other things, require such contractor to maintain in supply or readily available HVAC equipment parts reasonably anticipated to be needed with respect to such ordinary maintenance and repairscondition at all times during the Term, and (Bii) with respect to any keep in good order, condition and repair request pertaining to such HVAC equipment made by Tenant during the Business Hours set forth in Section 6.1.1 excluding Saturdays, Landlord shall endeavor to respond, or have such service contractor respond, to such request within four (4) hours after such request is made); (iii) all exterior walls and exterior glass outside windows of the Building; (iv) Premises and the fire stairwells within the Building; (v) all common areas of the Building and/or located outside of the Building and serving the Building and/or Project, including, without limitation, the landscaping, the Parking Facilities, all driveways and sidewalks of the Project and all utility lines leading from the property line of the land upon which the Building is located to the Building exterior (but only to the extent such utility lines are not the responsibility of the local utility to maintain); (vi) the elevators of the Building; (vii) the common restrooms on multi-tenant floors of the Building; and (viii) the basic plumbing, heating, ventilating, air conditioningelevator, electrical, temporary sprinkler and fire detection/alarm systems originally installed or furnished by Landlord as part of the Building's baseplumbing, shell and core, including the existing electrical power panels and circuit breakers located in the electrical closets on each floor of the Premises (but excluding (A) the distribution of such systems to and within the Premises previously installed or constructed as part of the initial tenant improvements for the prior tenants of the Premises or subsequently installed or constructed by or for Tenant pursuant to Article 8 below, (B) any alterations performed by or on behalf of Tenant, (C) any supplemental heating, ventilating and air conditioning systems and any servicing the Premises (other systems and equipment installed than as set forth in Tenant's computer rooms or other special areasSection 9(b) above). Notwithstanding the foregoing, and (D) any other non-base building facilities previously or hereafter installed by or on behalf of the prior tenants of the Building and/or Tenant, all of which items in (A) through Landlord shall not be responsible for the maintenance or repair of any floor or wall coverings in the Premises or any of such systems which are located within the Premises and are supplemental or special to the Building’s standard systems; and (DB) shall be Tenant's responsibility to repair at Tenant's expense, subject to Tenant's right to request that Landlord repair same pursuant to Section 6.4 above); provided16(a) hereof, howeverthe cost of performing any of said maintenance or repairs, whether to the extent such maintenance and repairs which are Landlord's responsibility Premises or to perform are the Building, caused in part or in whole by the act, neglect, fault negligence of or omission of any duty by Tenant, its employees, agents, servants, employees licensees, subtenants, contractors or invitees, shall be paid by Tenant promptly upon Landlord’s written demand therefor. Upon 24 hours’ prior notice to Tenant (except in the case of an emergency, where no such notice shall pay be required), and so long as Landlord uses good faith efforts to Landlord as additional rent, maintain reasonable access to the reasonable cost Premises and to minimize unreasonable interference with the conduct of such maintenance and repairs, subject to Section 10.4 and Articles 11 and 12 of this Lease. Subject to Sections 6.5 and 10.1 of this LeaseTenant’s business, Landlord may, but shall not be liable for any failure required to, enter the Premises at all reasonable times to make any such repairs, alterations, improvements and additions to the Premises or to perform any maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in Building or to any portion of equipment located in the Real Property, Building or the Premises or in or to fixtures, appurtenances and equipment therein; however, as Landlord shall use commercially reasonable efforts to minimize any such interference. Subject to Section 7.3 below, Tenant hereby waives and releases its right desire or deem necessary or as Landlord may be required to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; by governmental authority or under any similar law, statute, court order or ordinance now or hereafter in effectdecree.