Common use of Tenant’s Responsibilities Clause in Contracts

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 aboveTenant shall contract and pay for the maintenance, Tenant shall, at its sole cost, maintain operation and repair of all of the entire Premises and every part thereoffor the provision of all services and utilities which Tenant desires in the Premises, including without limitationincluding, windowsbut not limited to, skylightsheating, window framesventilation, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems ("HVAC"), electricity, water, telephone, lights and window washing. The standard of maintenance, operation and repair which Tenant shall meet shall be the standard which a prudent, institutional owner of real estate would require for premises similar to the Premises, in good orderLandlord's reasonable judgment. Landlord may require Tenant to enter into maintenance contracts with service providers to maintain and repair all building systems; each of said contracts and the providers shall be subject to Landlord's approval, condition and repairalthough Landlord shall have no responsibility or liability with respect to the performance of such service providers. Tenant shall deliver pay in arrears, directly to Landlordthe appropriate supplier before delinquency, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing for all telephone services supplied to the Premises have been inspectedas well as any other service or utility, serviced together with all taxes, assessments, surcharges and are in good order, condition similar expenses relating to such utilities and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantservices. If Tenant fails to make repairs any such utilities or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into services are jointly metered with the Premises and make such repairs and/or perform such maintenance work. If another part of the Project, Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for determine Tenant's share of the cost of such repairs and/or maintenance work. Landlord jointly metered utilities and services based on Landlord's estimate of usage, and Tenant shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or pay as Additional Rent Tenant's agents as a result share of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunderjointly metered utilities and services to Landlord within ten (10) or to terminate this Lease because days after receipt of Landlord's failure written statement for such cost. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to keep have occurred by reason of, any interruption of any such utilities and services, or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises in good and sanitary orderor the Project.

Tenant’s Responsibilities. Except Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building within the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as expressly the original, including but not limited to interior windows, glass and plate glass, doors, skylights, any, special office entries, interior walls and finish work, floors and floor coverings, heating and air conditioning, electrical systems and fixtures, sprinkler systems, water heaters, truck doors, and plumbing work and fixtures, all of the foregoing systems inside the Premises. Tenant as part of its obligation hereunder shall keep the whole of the Premises in a clean and sanitary condition. Tenant will as far as possible keep all such parts of the Premises from deteriorating, ordinary wear and tear excepted, and from falling temporarily out of repair, and upon termination of this Lease in any way. Tenant will yield up the Premises to Landlord in good condition and repair, loss by fire or other casualty covered by insurance to be secured pursuant to section 14 excepted (but not excepting any damage to glass or loss not reimbursed by insurance because of the existence of a deductible under the appropriate policy, ordinary wear and tear excepted). Tenant shall not damage any demising wall or disturb the integrity and supports provided in Paragraph 10.1 aboveby any demising wall and shall, at its sole cost and expense, properly repair any damage or injury to any demising wall caused by Tenant or its employees, agents or invitees. Tenant shall, at its sole costown cost and expense, maintain as additional rent, pay for the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver repair of any damage to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspectedor the Building, serviced and are resulting from and/or caused in good orderwhole or in part by the negligence or misconduct of Tenant, condition and repair. Tenant's failure to deliver said certificate its agent, servants, employees, patrons, customers, or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying any other person entering upon the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents Building as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is Tenant's business activities caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due default hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant’s obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant’s obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen thirty (1530) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises after providing Tenant at least two (2) business day prior notice, except for an emergency and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the reasonable cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits ’s agents within thirty (30) days of any statute now or hereafter in effect (including without limitation the provisions receipt of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderwritten notice.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant's obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant's agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except to the extent specifically identified ------------------------- as expressly provided Landlord's responsibility in Paragraph 10.1 aboveSection 8.2, below, Tenant shall, at its sole costown expense, maintain keep the entire Premises Demised Premises, and every part thereof, including without including, but not by way of limitation, windowsthe grounds, skylightslandscaped areas, window framestruck parking and loading and dock areas, plate the roof surface and roof membrane (but only as to routine and ongoing maintenance), drainage xxxxxx, gutters, downspouts, glass, freight docks, doors interior and related hardware, interior walls and partitionsexterior portions of the Building, and the electrical, plumbing, lightingheating, heating air conditioning, wiring, elevators and air conditioning other mechanical systems therein, the facilities thereof and all sidewalks, parking areas, driveways, passageways and alleys adjacent thereto and other appurtenances thereunto belonging, in good order, appearance, condition and repairrepair (reasonable wear and tear excepted), free of obstructions, dirt, and rubbish, and so as to comply fully and at all times with all present and future applicable governmental laws, rules and regulations, consistent with other comparable business and industrial parks in the Market Area. Tenant agrees to make all replacements and repairs to the Demised Premises necessary to maintain the Demised Premises in the condition described in the preceding sentence. Tenant, at its own expense, shall also seal (paint) the exterior of the Building periodically during the Term (including any Option Term) of this Lease in accordance with the recommendations of the manufacturer of the material used for the exterior of said Building. Tenant shall deliver to maintain regular service contracts for all of the Demised Premises' (i) HVAC system, and (ii) elevator(s), and shall, upon Landlord's request, every six (6) months during the Lease Term, a certificate provide Landlord copies of such contracts or any other maintenance or its equivalent, signed service contracts maintained by a licensed HVAC repair and maintenance contractor and stating that Tenant with respect to the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repairDemised Premises. Tenant's failure to deliver said certificate Any such contract shall be terminable by Tenant (or its equivalent within successors, including Landlord or a Lender) on not less than thirty (30) days following written notice from Landlord to the contractor or shall provide that said certificate is past due it does not bind a Lender. All repairs, replacements and renewals shall be a Default by Tenant. If Tenant fails at least equal in quality and class to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance original work. If Landlord makes such repairs and/or performs such Because Tenant is undertaking the responsibility for most aspects of the ongoing maintenance workof the Demised Premises, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code Sections 1941 and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant 1942 with respect to Landlord's obligations for tenantability of the Demised Premises and Tenant's right to make repairs at Landlord's expense (or to and deduct the cost expenses of such repairs from Rentals due hereunder) or to terminate Rent. When used in this Lease because of Landlord's failure to keep the Premises in good Article VIII, "repairs" shall include all necessary replacements, renewals, alterations, additions and sanitary orderbetterments.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 abovefor (i) repairs to Building Systems, Tenant shallCommon Areas and Structural Elements, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and (ii) warranty repairs related hardware, interior walls and partitionsto Landlord's Work (if any), and (iii) repairs to the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use interior of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused to the extent the same are rendered necessary by the gross negligence or willful misconduct of Landlord or and its agents, employees and contractors, and are not covered by the fire and casualty insurance maintained, or contractors); providedrequired to be maintained, howeverby Tenant under this Lease, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlordbe responsible (at Tenant's sole expense) for repairs and maintenance to the interior of the Premises. Without limitation, Tenant's responsibilities shall include (i) providing janitorial and cleaning services with respect to the interior of the Premises (excluding Common Areas such as the hallways and restroom facilities to the extent located outside of the demised confines of the Premises) (collectively "Tenant's Janitorial Services") on demand all weekdays (excluding Holidays) in accordance with reasonable standards for a telecommunications and as Additional Rentoffice use conducted within a first class office building, (ii) all maintenance, scheduled maintenance and repairs required to be performed upon any specialized equipment of Tenant irrespective of where such equipment is located within the Building, and (iii) all maintenance, scheduled maintenance and repairs required to be performed upon the HVAC system serving the Premises. The foregoing will include keeping in effect an HVAC service contract which provides for all manufacturer recommended scheduled maintenance for the cost of damage HVAC systems at the times and in the manner recommended by the manufacturer. In connection with any maintenance or repairs to the Premises and/or Common Area caused be conducted by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 to its equipment located outside of the California Civil Code Premises, in addition to any other requirements set forth in this Lease, Tenant will coordinate the timing and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost performance of such repairs from Rentals due hereunder) and maintenance with the Building's property manager and/or engineering staff to ensure that the same are conducted properly and with a minimum of disruption or to terminate this Lease because interference with Building operations and/or the quiet enjoyment of Landlord's failure to keep other tenants and occupants of the Premises in good and sanitary orderBuilding.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems (unless Landlord has elected to keep and maintain the heating and air conditioning systems pursuant to Paragraph 10.1 above) in good order, condition and repair. If Landlord has not elected to keep and maintain the heating and air conditioning systems, Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's ’s failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by TenantTenant (subject to any grace period applicable under Paragraph 14 below). If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen five (155) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in ------------------------- Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 hereof, Tenant shall, at its sole sole' cost, maintain the entire Premises and every part thereof, including without limitation, the windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver Tenant's obligations with respect to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing of the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantinclude the replacement of components thereof. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, roof membrane, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating heating, ventilation and air conditioning systems in good order, condition and repair. Unless Landlord otherwise elects, at any time while Tenant is in default of its obligations to maintain and repair same, to be responsible for the repair and maintenance of the heating, ventilation and air conditioning system servicing the Premises, Tenant shall deliver to Landlord, every six (6) months during the Lease Term, maintain a certificate of maintenance or its equivalent, signed by service contract with a licensed HVAC repair and maintenance contractor (covering quarterly inspection and stating that servicing) for the heating heating, ventilation and air conditioning systems servicing of the Premises have been inspectedPremises. Tenant shall provide to Landlord, serviced promptly following Tenant’s receipt of the same, all repair recommendations and are in good orderquarterly inspection and maintenance reports and records with respect to the HVAC units to be maintained, condition and repair. Tenant's failure or caused to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default maintained by Tenant. Tenant’s obligations with respect to the heating, ventilation and air conditioning systems of the Premises shall not include the replacement of components thereof. If Tenant fails is in default of its obligation to make repairs repair or perform maintenance work required of maintain the HVAC units pursuant to the terms above, and such default is not cured by Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance workapplicable cure period set forth in Paragraph 14.2.1 below, Landlord or Landlord's ’s agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance workwork in accordance with the preceding sentence, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant’s agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence negligent acts or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's ’s agents, employees reasonable wear and tear and loss or contractorsdamage caused by casualty not caused by or contributed to by Tenant or condemnation excepted. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in ------------------------- Paragraph 10.1 above, and subject to the provisions of Paragraph 2.3 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant's agents during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by except for the gross negligence or willful misconduct of Landlord or that of its agents, employees employees, contractors or contractorsinvitees); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's Tenant"s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly (a) Tenant shall, at its sole cost and expense and subject to ordinary wear and tear, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Building, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided in Paragraph 10.1 abovethat Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas of the Premises, including paved and landscaped areas in a neat and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been maintained by Tenant subject, in all cases, to ordinary wear and tear. Landlord has no responsibility for any cost, maintain repair, maintenance or replacement of any portion of the entire Building, Premises, systems or equipment. Tenant acknowledges and agrees that Tenant is accepting the Building and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and every part thereof, including without limitation, windows, skylights, window frames, plate glass, freight docks, doors replacements made by or on behalf of Tenant shall be made in a good and related hardware, interior walls and partitionsworkmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the electrical, plumbing, lighting, heating Building and air conditioning systems in good order, condition and repairPremises. All replacement materials utilized by Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due hereunder shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage an equal quality to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives existing materials currently utilized at the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderPremises.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain keep in good order, condition and repair the entire Premises and every part thereof, including including, without limitation, windows, skylights, window frames, plate glass, freight docks, doors and related hardware, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good order, condition and repairserving the Premises. Tenant shall deliver to Landlord, Landlord every six (6) twelve months during the Lease Term, Term a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems system servicing the Premises have has been inspected, serviced and are is in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work its obligations required of Tenant hereunder within fifteen ten (1510) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance workand repair obligation. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's ’s agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area Project caused by Tenant or Tenant's ’s agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's ’s expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's ’s failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraphs 15 and 16 hereof and excluding any repairs to the Building Structure, roof membrane, Building Systems or elevators (unless such repairs to the Building Structure, Building Systems or elevators, are required to repair any damage caused by the negligence or willful misconduct of Tenant or any Tenant Related Party or any breach of Tenant’s obligations under this Lease, in which event Tenant shall perform such repairs at Tenant’s sole cost and expense to the extent not covered by insurance proceeds received therefor by Landlord or, at Landlord’s election, Landlord shall undertake such repairs to the Building Structures, Building Systems or elevators, as applicable, and Tenant shall reimburse Landlord for the repair costs paid or actually incurred by Landlord (less any insurance proceeds received by Landlord allocable to such damage) within thirty (30) days following receipt of an invoice and reasonable back-up documentation evidencing such repair costs incurred or paid by Landlord), Tenant shall, at its sole cost, maintain maintain, repair and replace, if necessary, the entire Premises and every part thereof, including without limitation, the lavatories inside the Premises, the interior windows, skylights, window door frames, plate glassappliances, freight docksinterior glass (if any), doors doors, door closures and related hardware, interior walls and partitions, Tenant’s fixtures (and as to Tenant’s property and fixtures, only to the electricalextent desired by Tenant in its discretion), plumbingfire extinguisher equipment and other equipment installed in the Premises by Tenant or any of the Tenant Related Parties and all Alterations constructed by or on behalf of Tenant pursuant to Paragraph 13 below, lightingtogether with any supplemental HVAC equipment installed by or on behalf of Tenant serving the Premises, heating and air conditioning systems or applicable part thereof, in good order, condition and repair. With respect to any supplemental HVAC equipment installed by or on behalf of Tenant serving the Premises, or applicable part thereof, Tenant shall deliver contract with a licensed HVAC contractor to Landlordinspect and service such supplemental HVAC contract, which contract shall provide for the periodic inspection and servicing of the HVAC equipment at least once every six ninety (690) months days during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within Tenant shall provide Landlord with inspection reports no more than thirty (30) days following written notice from Landlord that said certificate is past due after each quarterly inspection and servicing. All repairs and other work performed by Tenant and/or its contractors shall be a Default subject to the terms of Paragraphs 13 and 17 below. For avoidance of doubt, except for, or with respect to, any Alterations (including, without limitation, Rooftop Equipment) or Initial Improvements installed, or caused to be installed, by TenantTenant or any Tenant Related Parties in the Premises (including, without limitation, any wiring or cabling installed, or caused to be installed, by Tenant in any chasers, risers or conduit in the Building), Tenant shall have no obligation to maintain or repair any improvements located below the floors or above the ceiling of the Premises. If Tenant fails to make repairs or perform maintenance work maintenance, repair or replacement work, as the case may be, required of Tenant hereunder within fifteen thirty (1530) days after written notice from Landlord specifying the need for such repairs repairs, maintenance or replacement work (provided if Tenant reasonably requires more than 30 days to complete such repairs, maintenance workor replacement, then Tenant shall only be required to commence said work within said 30 days and thereafter diligently proceed to completion in a commercially reasonable manner), Landlord or Landlord's ’s agents or designated contractors may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs or replacements, as needed, and/or perform such maintenance work. If Landlord makes such repairs or replacements and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand within thirty (30) days after receipt of an invoice and reasonable back-up documentation with respect thereto and as Additional Rent, for the actual and reasonable cost of such repairs repairs, replacements and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant Related Parties during the performance of any such repairs, replacements or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents any Tenant Related Parties as a result of Landlord performing any such maintenance, repairs or maintenance replacements (unless such damage, inconvenience or interference is caused by except to the extent arising out of the gross negligence or willful misconduct of Landlord or that of its agents, employees or contractorscontractors but subject to the limitations contained in Section 8.7); nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, in making repairs, alterations or improvements, Landlord shall take reasonable steps, to the extent practicable under no circumstances shall Landlord be liable the circumstances, to Tenant for claims minimize interference with the conduct of lost profits, loss of Tenant’s business or lost incomein the Premises. Tenant shall reimburse Landlord, on demand and as Additional Rent, to the extent not covered by insurance proceeds payable to Landlord, for the cost of repair of damage to the Premises and/or Common Area Project caused by Tenant or any Tenant Related Parties other than normal wear and tear caused by the negligence or willful misconduct of Tenant or any Tenant Related Parties or breach of this Lease by Tenant's agents, employees or contractors. Tenant expressly hereby waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section and releases its right to make repairs at Landlord’s expense pursuant to Sections 1941 and Section 1942 of the California Civil Code and of California or under any similar law, statute or ordinance now or hereafter in effect. With respect to any damage which Landlord is obligated to repair or elects to repair, Tenant, as a material inducement to Landlord entering into this Lease, irrevocably waives and releases its rights under the provisions of Sections 1932(2) which would otherwise afford and 1933(4) of the California Civil Code. Tenant furthermore waives the right to make repairs at Landlord's expense (benefits of subsection 1 of Section 1932 of the California Civil Code or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderunder any similar law.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, windows, skylights, window frames, plate glass, roof surface, freight docks, doors and related hardware, interior walls and partitions, non-structural portions of the exterior walls, non-structural portions of the roof, and the electrical, plumbing, lighting, heating and air conditioning systems (unless Landlord has elected to keep and maintain the heating and air conditioning systems pursuant to Paragraph 10.1 above) in good order, condition and repair. Tenant shall deliver to Landlord, every six (6) months during the Lease Term, a certificate of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen thirty (1530) days after notice from Landlord Landlord, in its sole discretion, specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for one hundred and ten (110%) percent of the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost incomemaintenance. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.

Tenant’s Responsibilities. Except as expressly provided in Subject to Landlord's obligation to ------------------------- maintain, repair and replace pursuant to Paragraph 10.1 above, 10.B. Tenant shall, during the Lease Term, at its Tenant's sole costcost and expense, keep and maintain in good order, condition and repair the entire Premises and every part thereofthereof and Common Areas, including including, without limitation, windows, skylights, window frames, plate glass, freight docksglazing, skylights, truck doors, doors and related all door hardware, interior walls partitions and partitionsall plumbing, and the electrical, plumbinggas, water, telephone and other cabling, lighting, heating heating, air conditioning and ventilation facilities, equipment and systems within the Premises or within the Building serving the Premises; provided, however, so long as Tenant's Percentage Share is less than One Hundred Percent (100%), Landlord shall keep and maintain in good order and repair those portions of the Common Area specifically described as (i) the first floor lobby, (ii) all stairwells, (iii) fourth floor elevator lobby and corridor, (iv) fourth floor common restrooms, and (v) elevators, and Tenant shall reimburse Landlord in the same manner as Base Monthly Rent for Tenant's Percentage Share of such costs with the exception that the cost of maintaining items (iii) and (iv) above shall be reimbursed by Tenant at 64.88% until such time as Tenant vacates the fourth floor in accordance with the schedule set forth in the Improvement Agreement. The term "repair" shall include replacements, restorations and/or renewals when necessary, as well as painting. Tenant's obligation shall extend to all alterations, additions and improvements to the Premises, and all fixtures and appurtenances therein and thereto. Tenant shall, at all times during the Lease Term, either (i) personally maintain any heating, ventilating and air conditioning systems ("HVAC") equipment which serves the Premises through a maintenance program reasonably approved by Landlord; or (ii) have in effect a service contract for the maintenance of such HVAC equipment with an HVAC repair maintenance contractor approved by Landlord which provides for periodic inspection and servicing at least once every sixty (60) days during the Lease Term and shall provide Landlord with a copy of such contract. No less frequently than annually, Tenant shall cause to be made an inspection of any HVAC system which serves the Premises by a licensed HVAC repair and maintenance contractor or mechanical engineer approved by Landlord. Tenant shall deliver to Landlord a written report prepared by the party making such inspections promptly after the conclusion of each such inspection. Except as otherwise provided herein, Tenant shall perform such maintenance and repair work as is recommended by such inspectors to the extent such work is reasonably necessary to keep any HVAC equipment which serves the Premises in good order, condition and repair. Tenant shall deliver to Landlordindemnify and save Landlord harmless against and from all costs, every six (6) months during the Lease Termexpenses, a certificate of maintenance or its equivalentliabilities, signed by a licensed HVAC repair losses, injuries, damages, suits, fines, penalties, claims and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspecteddemands, serviced and are in good orderincluding reasonable attorneys' fees, condition and repair. resulting from Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenant. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen (15) days after notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's agents may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand and as Additional Rent, for the cost of such repairs and/or maintenance work. Landlord shall have no liability to Tenant for any damage, inconvenience or interference comply with the use foregoing, and Tenant hereby expressly releases and discharges Landlord of the Premises by Tenant or and from any liability therefor. The foregoing notwithstanding, so long as Tenant's agents as a result of Landlord performing any such repairs or maintenance Percentage Share is less than One Hundred Percent (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors100%); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 be credited with that portion of the California Civil Code and any similar law, statute or ordinance now or hereafter costs attributable to HVAC maintenance for space in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary orderBuilding not leased by Tenant.

Tenant’s Responsibilities. Except as expressly provided in Paragraph 10.1 above, and subject to the provisions of Paragraphs 15 and 16 hereof and excluding any repairs to the Building Structure (unless such structural repairs are required to repair any damage caused by the negligence or willful misconduct of Tenant or any Tenant Related Party or any breach of Tenant’s obligations under this Lease, in which event Tenant shall perform such repairs at Tenant’s sole cost and expense or, at Landlord’s election, Landlord shall undertake such structural repairs and Tenant shall reimburse Landlord for the actual and reasonably structural repair costs incurred or paid by Landlord within thirty (30) days following receipt of an invoice and reasonable back-up documentation evidencing such structural repair costs incurred or paid by Landlord), Tenant shall, at its sole cost, maintain the entire Premises and every part thereof, including without limitation, interior windows, skylights, window door frames, plate glassappliances, freight docksinterior glass (if any), doors doors, door closures and related hardware, interior walls and partitions, and the fixtures, electrical, plumbing, lightingfire extinguisher equipment and other equipment installed in the Premises that exclusively serves the Premises and all Alterations constructed by or on behalf of Tenant pursuant to Paragraph 13 below, heating and air conditioning systems together with any supplemental HVAC equipment installed by or on behalf of Tenant serving only the Premises, or applicable part thereof, in good order, condition and repair. All repairs and other work performed by Tenant or its contractors shall be subject to the terms of Paragraphs 13 and 17 below. Alternatively, should Landlord or its management agent agree to make a repair on behalf of Tenant and at Tenant’s request, Tenant shall deliver to Landlord, every six promptly reimburse Landlord as Additional Rent for all reasonable costs incurred (6but in no event may Landlord charge a market supervision fee) months during the Lease Term, a certificate upon submission of maintenance or its equivalent, signed by a licensed HVAC repair and maintenance contractor and stating that the heating and air conditioning systems servicing the Premises have been inspected, serviced and are in good order, condition and repair. Tenant's failure to deliver said certificate or its equivalent within thirty (30) days following written notice from Landlord that said certificate is past due shall be a Default by Tenantan invoice. If Tenant fails to make repairs or perform maintenance work required of Tenant hereunder within fifteen fourteen (1514) days after written notice from Landlord specifying the need for such repairs or maintenance work, Landlord or Landlord's ’s agents or designated contractors may, in addition to all other rights and remedies available hereunder or by law and without waiving any alternative remedies, enter into the Premises and make such repairs and/or perform such maintenance work. If Landlord makes such repairs and/or performs such maintenance work, Tenant shall reimburse Landlord upon demand within thirty (30) days after receipt of an invoice and reasonable back-up documentation with respect thereto and as Additional Rent, for the actual and reasonable cost of such repairs and/or maintenance work. Landlord shall use reasonable efforts to avoid causing any inconvenience to Tenant or interference with the use of the Premises by Tenant or Tenant Related Parties during the performance of any such repairs or maintenance. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the Premises by Tenant or Tenant's agents any Tenant Related Parties as a result of Landlord performing any such repairs or maintenance (unless such damage, inconvenience or interference is caused by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors); provided, however, under no circumstances shall Landlord be liable to Tenant for claims of lost profits, loss of business or lost income. Tenant shall reimburse Landlord, on demand and as Additional Rent, for the cost of damage to the Premises and/or Common Area caused by Tenant or Tenant's agents, employees or contractors. Tenant expressly waives the benefits of any statute now or hereafter in effect (including without limitation the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from Rentals due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good and sanitary order.performing