Common use of Maintenance and Repair by Landlord Clause in Contracts

Maintenance and Repair by Landlord. Landlord is not responsible for the maintenance and repair of the Premises, Building and Parking Area. Landlord shall perform repairs (i) necessitated by damage caused by the actions of Landlord or anyone in the employ or control of Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effect. Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premises.

Maintenance and Repair by Landlord. Landlord shall, subject to ---------------------------------- the provisions of Sections 14 and 17 hereof and so long as Tenant is not responsible for in default hereunder, keep the maintenance foundation, the exterior walls (except plate glass windows, doors, door closure devices, window and repair door frames, molding, locks and hardware and painting or other treatment of interior walls, all of which shall be Tenant's responsibility to maintain, replace and repair) and the roof of the PremisesLeased Premises in good repair, Building ordinary wear and Parking Areatear excepted. Any repairs required to be made by Landlord shall perform repairs (i) necessitated by damage caused under this Lease which are occasioned by the actions act, omission or negligence of Landlord Tenant, or anyone in the employ Tenant's agents, employees, subtenants, licensees, invitees, visitors, contractors, servants, customers or control others acting, through or under Tenant or for or on behalf of Tenant (collectively, "Tenant's Agents"), shall be paid for by Tenant, at any time and from time to time, upon receipt of Landlord, or (ii) to any main utility service line up 's demand to the point of connection with extent not covered by any net insurance proceeds paid or payable to Landlord therefor. In the lateral utility service line that serves the Building, including in any instance event that the main utility line is located Leased Premises should become in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any and all rights under and benefits need of subsection 1 of Section 1932repairs required to be made by Landlord hereunder, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effect. Tenant shall immediately give written notice thereof to Landlord and Landlord shall not be obligated in any way to commence any such repairs until a reasonable time shall have elapsed after Landlord's receipt of such written notice. Notwithstanding the above, because of the sensitive nature of Tenant's business and equipment, if Landlord does not repair roof leaks within five (5) business days of written notice of the need for repair of the items for which Landlord is responsible. If Tenant or such leaks from Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant may make the repairs and shall invoice Landlord for the reasonable cost of such repairs, which Landlord will pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of the invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, and reasonably substantial evidence of those reasonable costs directly related to Tenant’s repair completion of the physical damage that caused interruption of repairs. Notwithstanding anything contained herein, Tenant shall use the Building utility service which prohibited Tenant’s use roof manufacturers' approved roof installation and occupancy of the Premisesrepairs contractors only to perform any repairs.

Maintenance and Repair by Landlord. Landlord is not responsible for Subject to the maintenance terms of paragraph 4.9(captioned “Damage or Destruction”) and repair paragraph 4.10 (captioned “Condemnation”) of the Premisesthis Lease, Building and Parking Area. Landlord shall perform repairs (i) necessitated by damage caused by maintain the actions public, structural and common areas of Landlord or anyone in the employ or control of Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including but not limited to the external and structural components of the Building, the exterior glass, the Garage and the base Building HVAC system, mechanical system, electrical system, and plumbing system in any instance that reasonably good order and condition subject to reasonable wear and tear throughout the main utility line is located Lease Term in on or under a manner consistent with the Land or Parking Area surrounding standard of maintenance employed by the owners of office buildings in Arlington, Virginia of an age, size and condition comparable to the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effect. Tenant Landlord shall immediately give Landlord written notice make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. Landlord shall replace Building standard light bulbs and ballasts (and the replacement cost of same shall be an Operating Cost), and Tenant shall replace any specialty light bulbs and ballasts at its sole cost and expense. All maintenance and repair costs shall be included in Operating Costs, except for damage occasioned by the act or omission of the items for which Landlord is responsible. If Tenant or Tenant’s invitees Agents which shall be paid for entirely by Tenant upon demand by Landlord (subject to Landlord’s receipt of insurance proceeds, if any). In the event any or anyone all of the Building becomes in the employ need of maintenance or control of Tenant caused any damages necessitating repair which Landlord performsis required to make under this Lease, then Tenant shall pay promptly give written notice to Landlord the cost thereof, immediately upon demand therefor. If Landlord, and Landlord shall be obligated to commence such maintenance or its authorized contractors on behalf of Landlord, in the performance of repairs within a reasonable time after Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date receipt of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesnotice.

Maintenance and Repair by Landlord. During the Term of this Lease, Landlord shall keep and maintain the roof, exterior walls (excluding glass or plate glass), gutters, and downspouts of the Building in good condition and repair. Landlord shall be under no obligation and shall not be liable for any failure to make repairs that are Landlord’s responsibility as designated herein until and unless Tenant notifies Landlord in writing of the necessity therefor, and Landlord shall have a reasonable time after such notice to make such repairs. Landlord reserves the right to the exclusive use of the roof and exterior walls of the Building. If any portion of the Premises which Landlord is not responsible obligated to maintain or repair is damaged through the fault or negligence of Tenant, its agents, employees, or invitees, then repairs necessitated by such damage shall be paid for by Tenant on Landlord’s demand. Except for the maintenance and repair obligations of Landlord under Section 18.02 (relating to the condition of the Premises), Building Section 9 (relating to destruction of the Premises) and Parking Area. Landlord shall perform repairs under Section 13 (i) necessitated by damage caused eminent domain), it is intended by the actions of parties hereto that Landlord or anyone in the employ or control of Landlordhave no obligation, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance manner whatsoever, to repair and maintain the Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of which obligations are intended to be that the main utility line is located in on or of Tenant under the Land or Parking Area surrounding the BuildingSection 18.01 hereof. Tenant hereby expressly waives the benefit of any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws statute now or hereby hereinafter in effect. effect which would otherwise afford Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant right to make repairs at Landlord’s expense or Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance terminate this Lease because of Landlord’s maintenance failure to keep the Premises in good order, condition and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesrepairs.

Maintenance and Repair by Landlord. Subject to the paragraphs captioned “Damage or Destruction” and “Condemnation”, Landlord is not responsible shall maintain the public and common areas of the Building in first class condition subject to reasonable wear and tear. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the need for the maintenance and repair of such repairs. In addition, within the Premises, Building and Parking Area. Landlord shall perform repairs replace light bulbs and ballasts in fixtures; Tenant shall be billed separately for the replacement of any non-Building-standard bulbs purchased for use in the Premises (i) necessitated by which lighting purchases must comply with Landlord’s sustainability practices and shall be reported to Landlord in a format suitable to Landlord). All repair costs shall be included in Operating Costs, except for damage caused occasioned by the actions act or omission of Landlord Tenant or anyone in the employ or control of Tenant’s Agents which shall be paid for entirely by Tenant within thirty (30) days after written demand by Landlord, which must be accompanied by reasonably appropriate back-up. In the event any or (ii) all of the Building becomes in need of maintenance or repair which Landlord is required to any main utility service line up make under this Lease, Tenant shall promptly give written notice to the point Landlord, and Landlord shall be obligated to commence such maintenance or repairs within a reasonable time after Landlord’s receipt of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Buildingsuch notice. Tenant hereby waives any and all rights under and benefits the benefit of subsection 1 of Section 1932, and Sections 1942 1941 and 1942 of the California Civil Code or and any similar or successor Laws now or hereby in effectother statute providing a right to make repairs and deduct the cost thereof from the Rent. Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in the employ or control of Tenant caused waives any damages necessitating repair which Landlord performs, then Tenant shall pay right to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of terminate this Lease actively causes physical damage resulting in an interruption or offset or xxxxx Rent by reason of the Building utility service that prohibits Tenant’s use and occupancy any failure of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage make repairs to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related Premises pursuant to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesthis Section 4.2.

Maintenance and Repair by Landlord. Paragraph 9 “Landlord’s Repairs and Services” is revised to read as follows: Landlord is shall, at Landlord’s expense, maintain the structural soundness of the roof, the foundations and exterior walls of the Building in good repair, reasonable wear and tear excepted; provided that, Landlord shall not be responsible for the maintenance and repair cost of the Premisesany repairs resulting from damage, Building and Parking Areadestruction or deterioration which is caused by Tenant, Tenant’s Parties, or by an act or event which is not fully insured. The term “exterior walls” as used herein shall not include windows, glass or plat glass, doors, special store fronts or office entries. Landlord shall perform repairs on behalf of Tenant and other tenants of the Project, as an item of Basic Operating Cost, the exterior maintenance of the Building, the Project, and public and common areas of the Project, including but not limited to the items listed on Exhibit E, and any other maintenance item which affects the operation and exterior appearance of the Project, which determination shall be at Landlord’s sole discretion. Landlord shall maintain the exterior of the Building, the Project, and public and common areas of the Project in a first class condition, consistent with other class A office buildings in the South San Francisco, California area. Except for the expenses directly involving the items specifically described in the first sentence of this paragraph, Tenant shall reimburse Landlord for all such costs in accordance with Basic Operating Cost. Landlord agrees to give Tenant advance notice if Landlord intends to perform any non-routine maintenance item (iexcept in an emergency) necessitated and shall coordinate with Tenant to minimize as much as reasonably possible any interference to the conduct of Tenant’s business caused by the performance of such non- routine maintenance item. Any damage caused by the actions or repairs necessitated by any act of Tenant or Tenant’s Parties may be repaired by Landlord or anyone in the employ or control of at Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any ’s option and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effectat Tenant’s expense. Tenant shall immediately give Landlord written notice of the any defect or need for of repairs after which landlord shall have a reasonable opportunity to repair of the items same. Landlord’s liability with respect to any defects, repairs, or maintenance for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in responsible under any of the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms provisions of this Lease actively causes physical damage resulting in an interruption of shall be limited to the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date cost of such physical damage arising, where not repaired repairs or maintenance unless caused by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesgross negligence or willful misconduct.

Maintenance and Repair by Landlord. During the Term of this Lease, Landlord shall keep and maintain the roof, exterior walls (excluding glass or plate glass), gutters, and downspouts of the Building in good condition and repair. Landlord shall be under no obligation and shall not be liable for any failure to make repairs that are Landlord's responsibility as designated herein until and unless Tenant notifies Landlord in writing of the necessity therefor, and Landlord shall have a reasonable time after such notice to make such repairs. Landlord reserves the right to the exclusive use of the roof and exterior walls of the Building. If any portion of the Premises which Landlord is not responsible obligated to maintain or repair is damaged through the fault or negligence of Tenant, its agents, employees, or invitees, then repairs necessitated by such damage shall be paid for by Tenant on Landlord's demand. Except for the maintenance and repair obligations of Landlord under Section 18.02 (relating to the condition of the Premises), Building and Parking Area. Landlord shall perform repairs Section 9 (i) necessitated by damage caused by the actions of Landlord or anyone in the employ or control of Landlord, or (ii) relating to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932, and Sections 1942 and 1942 of the California Civil Code or any similar or successor Laws now or hereby in effect. Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy destruction of the Premises) and under Section 13 (eminent domain), then and Landlord's obligation to reimburse Tenant shall 50% of the cost of replacing the heating, ventilating and air conditioning system if it should cease to function and be incapable of repair, it is intended by the parties hereto that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises nor the Building located thereon nor the equipment therein, whether structural or nonstructural, all of which obligations are intended to be that of Tenant under Section 18.01 hereof. Tenant expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Tenant the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service make repairs at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days 's expense or to terminate this Lease because of receipt of invoice therefore detailing Landlord's failure to keep the Tenant’s actual reasonable out-of-pocket cost incurred by TenantPremises in good order, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use condition and occupancy of the Premisesrepairs.

Maintenance and Repair by Landlord. a. Landlord is not responsible shall, except as provided elsewhere herein and subject to the negligence of Tenant, its agents or employees, maintain and make necessary replacements of and repairs to: (i) the foundation, exterior walls (excluding windows, window glass, plate glass and doors), roof of the Building, columns and other structural elements of the Building; (ii) the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment serving the Building generally or the Premises in common with other portions of the Building; (iii) the parking areas on the Project or otherwise serving the Building; (iv) the driveways and sidewalks necessary for access to the maintenance Building or such parking areas; (v) the loading docks appurtenant to the Building; and (vi) any other common areas and facilities provided by Landlord from time to time, all of which maintenance, replacement and repair of work Landlord shall perform as required to keep the Premises, the Building and Parking Area. Landlord shall perform repairs (i) necessitated by damage the Project in good condition and working order and in compliance with all applicable laws, ordinances, codes, rules, regulations, orders and permits, including, without limitation, the Americans with Disabilities Act of 1990 and the regulations and standards promulgated thereunder unless caused by the actions act or omission of Landlord or anyone Tenant. Notwithstanding any provisions in the employ or control of Landlord, or (ii) to any main utility service line up this Lease to the point of connection with contrary, Landlord shall be solely responsible for making all so-called "capital improvements" to the lateral utility service line that serves Premises, the BuildingBuilding and the Project, including in any instance that the main utility line is without limitation all systems located in on or under the Land or Parking Area surrounding the Buildingthereon. Tenant hereby waives any When Landlord performs such maintenance, repair and all rights under and benefits of subsection 1 of Section 1932replacement work, and Sections 1942 and 1942 Landlord shall take care not to unreasonably interfere with Tenant's use of the California Civil Code or any similar or successor Laws now or hereby in effectPremises and shall have such work performed during off hours, if possible. Tenant shall immediately give promptly report to Landlord written notice of any defective condition in the need for repair of the items for Premises known to Tenant which Landlord is responsible. If required to repair hereunder, and failure to so report shall relieve Landlord of liability for damages to any personal property, fixtures or Tenant or Tenant’s invitees or anyone Improvements located in the employ Premises resulting from or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, or its authorized contractors on behalf of Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance connection with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesdefective condition.

Maintenance and Repair by Landlord. Landlord is not responsible for Subject to the maintenance paragraphs captioned “Damage or Destruction” and repair of the Premises, Building and Parking Area. “Condemnation,” Landlord shall perform repairs (i) necessitated by damage caused by maintain the actions public, structural and common areas of Landlord or anyone in the employ or control of Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that but not limited to the main utility line is located in on or under the Land or Parking Area surrounding external and structural components of the Building. Tenant hereby waives any , the exterior glass (including the interior side thereof), the Garage, the Building HVAC system and all rights under and benefits of subsection 1 of Section 1932mechanical, electrical, and Sections 1942 plumbing systems, the restrooms, passenger elevators serving the Premises (at least one of which shall generally be in operation at all times), a freight elevator, loading dock, and 1942 risers in reasonably good order and condition subject to reasonable wear and tear throughout the Lease Term in accordance with comparable first class office buildings in the Tyson’s Corner submarket of Northern Virginia and in compliance with all statutes, ordinances, codes, laws, rules, regulations, orders and directives of any Governmental Agency as now or later amended, including but not limited to Access Laws. Landlord shall make such repairs thereto as become necessary after obtaining actual knowledge of the California Civil Code need for such repairs. Landlord shall replace Building standard light bulbs and ballasts (and the replacement cost of same shall be an Operating Cost), and Tenant shall replace any specialty light bulbs and specialty ballasts in the Premises at its sole cost and expense. All maintenance and repair costs shall be included in Operating Costs as and to the extent provided by the terms of this Lease, except for damage occasioned by the act or omission of Tenant or Tenant’s Agents which shall be paid for entirely by Tenant upon demand by Landlord. In the event any similar or successor Laws now all of the Building becomes in need of maintenance or hereby in effect. repair which Landlord is required to make under this Lease, Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, and Landlord shall be obligated to commence such maintenance or its authorized contractors on behalf of Landlord, in the performance of repairs within a reasonable time after Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date receipt of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesnotice.

Maintenance and Repair by Landlord. 4.1.1 Subject to the paragraphs captioned "Damage or Destruction" and "Condemnation", Landlord is not responsible for shall maintain the maintenance public and repair common areas of the Premises, Building in reasonably good order and condition subject to reasonable wear and tear. Landlord also shall maintain all base building mechanical systems serving the common areas of the Building and Parking Areathe Premises (but not any supplementary HVAC or other system exclusively serving the Premises as provided in Paragraph 4.2.2 hereof) in reasonably good order and condition, subject to reasonable wear and tear. Landlord shall perform make such repairs thereto as become necessary after obtaining actual knowledge of the need for such repairs. Upon request by Tenant, Landlord also shall be responsible for light bulb replacement in the Premises. All repair costs shall be included in Operating Costs, except for (ia) necessitated damage occasioned by the act or omission of Tenant or Tenant's Agents, which shall be paid for entirely by Tenant upon demand by Landlord, (b) damage occasioned by the act or omission of Landlord or Landlord's Agents, which shall be paid for entirely by Landlord, (c) any property damage definitively proven to have been caused by the actions negligence or willful misconduct of Landlord or anyone in the employ or control other tenants of Landlord, or (ii) to any main utility service line up to the point of connection with the lateral utility service line that serves the Building, including in any instance that the main utility line is located in on or under the Land or Parking Area surrounding the Building. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932which shall be charged to such other tenants, and Sections 1942 and 1942 (d)replacement of bulbs in non-standard building lighting fixtures, which shall be paid for entirely by Tenant upon demand by Landlord. In the event any or all of the California Civil Code Building becomes in need of maintenance or any similar or successor Laws now or hereby in effect. repair which Landlord is required to make under this Lease, Tenant shall immediately give Landlord written notice of the need for repair of the items for which Landlord is responsible. If Tenant or Tenant’s invitees or anyone in the employ or control of Tenant caused any damages necessitating repair which Landlord performs, then Tenant shall pay to Landlord the cost thereof, immediately upon demand therefor. If Landlord, and Landlord shall not be obligated in any way to commence such maintenance or its authorized contractors on behalf of repairs until a reasonable time elapses after Landlord, in the performance of Landlord’s maintenance and repair obligations carried out in accordance with the terms of this Lease actively causes physical damage resulting in an interruption of the Building utility service that prohibits Tenant’s use and occupancy of the Premises, then Tenant shall have the right within three (3) days following the date 's receipt of such physical damage arising, where not repaired by Landlord or its contractors, to carry out the repair of that existing physical damage to the Building utility service at Landlord’s cost. Landlord will reimburse Tenant within thirty (30) days of receipt of invoice therefore detailing the Tenant’s actual reasonable out-of-pocket cost incurred by Tenant, with all supporting documents, of those reasonable costs directly related to Tenant’s repair of the physical damage that caused interruption of the Building utility service which prohibited Tenant’s use and occupancy of the Premisesnotice.