Common use of Use Maintenance and Repairs Clause in Contracts

Use Maintenance and Repairs. Section 6.01. Tenant is presently occupying the Demised Premises under the Existing Lease and is fully aware of the physical condition and state thereof, and Tenant accepts the same on an "AS-IS, WHERE-IS basis in the physical condition and state in which the Demised Premises now are without any representation or warranty, express or implied in fact or by law, by Landlord and without recourse to Landlord, as to the physical nature, condition or usability thereof. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Demised Premises, throughout the term of this Lease, Tenant hereby assuming the full and sole responsibility for the condition, demolition, construction, operation, repair, replacement, maintenance and management of the Demised Premises, as herein stated. Section 6.02. Tenant shall use the Demised Premises solely for general office purposes as its corporate headquarters and for related purposes incidental thereto including, but not limited to, manufacturing and warehousing uses incidental thereto. Section 6.03. Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in whole or in part, in a manner which would in any way make void or voidable any insurance then in force with respect thereto, or which would make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant hereunder, or as will cause or be apt to cause structural injury to the Improvements or any part thereof, or as will constitute a public or private nuisance, and shall not use or occupy or permit the Demised Premises to be used or occupied, in whole or in part, in a manner which violates any present or future, ordinary or extraordinary, foreseen or unforeseen laws, regulations, ordinances or requirements of the federal, state or municipal governments, or of any departments, subdivision, bureaus or offices thereof, or of any other governmental, public or quasi-public authorities now existing or hereafter created, having jurisdiction over the Demised Premises; provided, however, that Tenant may, in good faith (and wherever necessary, in the name of, but without expense to, Landlord) and after having secured Landlord to its reasonable satisfaction by cash or by a surety company bond in an amount, in a company and in substance reasonably satisfactory to Landlord, against loss or damage, contest the validity of any such laws, regulations, ordinances or requirements and, pending the determination of such contest, may postpone compliance therewith, except that Tenant shall not so postpone compliance therewith as to subject Landlord to any fine or penalty or to prosecution for a crime, or to cause the Demised Premises or any part thereof to be condemned or to be vacated. Tenant will indemnify and save harmless Landlord against any recovery or loss to which Landlord may be subject or which Landlord may sustain, including reasonable attorney's fees and expenses incurred by Landlord arising or alleged to arise from any breach of this covenant or by reason of any action or proceedings which may be brought against Landlord or against the Demised Premises, or any part thereof, by virtue of violation of any such laws, regulations, ordinances or requirements relating to the use and occupancy of the Demised Premises, or by virtue of any such present or future law of the United States of America, or of the State of California, or the County of Alameda, City of Livermore, or other municipal, public or quasi-public authority now existing or hereafter created, having jurisdiction in the premises. Section 6.04. Tenant shall take good care of the Demised Premises, make all repairs thereto, interior and exterior, structural and non- structural, ordinary and extraordinary, foreseen and unforeseen, and shall maintain and keep the Demised Premises and the sidewalks and curbs in first class order, repair and condition, reasonable wear and tear excepted. Tenant shall also keep the Common Areas of the Demised Premises free and clear from rubbish and shall not encumber or obstruct the same or allow the same to be encumbered or obstructed in any manner. Section 6.05. Tenant shall have the right at any time and from time to time to sell or dispose of any building equipment or personal property subject to this Lease which may have become obsolete or unfitted for use or which is no longer useful, necessary or profitable in the conduct of Tenant's business, provided that if such equipment or property be necessary to the operation of the Improvements, Tenant shall then or theretofore substitute for the same other building equipment or personal property not necessarily of the same character, but capable of performing the same function as that performed by the property so disposed of, and of high quality and suitable for its intended purpose. Section 6.06. Tenant shall diligently comply with and execute at its own expense during the term of this Lease, all present and future laws, acts, rules, requirements, orders, directions, ordinances, and/or regulations, ordinary and extraordinary, foreseen or unforeseen, concerning the condition or use of the Demised Premises or any part thereof, or the streets adjacent thereto, of any federal, state, municipal or other public department, bureau, officer or authority or of the National Board of Fire Underwriters, or other body having similar functions, or of any liability, fire, or other insurance company having policies outstanding with respect to the Demised Premises, whether or not such laws, acts, rules, requirements, orders, directions, ordinances and/or regulations require the making of structural alterations or the use or application of portions of the Demised Premises for compliance therewith or interfere with the use and enjoyment of the Demised Premises, and shall protect, hold harmless and indemnify Landlord of and from all fines, penalties, claim or claims for damages of every kind and nature arising out of any failure to comply with any such laws, acts, rules, requirements, orders, directions, ordinances and/or regulations; provided, further, that Tenant may, in good faith (and wherever necessary, in the name of, but without expense to, Landlord), and after having secured Landlord to its reasonable satisfaction by cash or by a surety company bond in an amount, in a company and in substance satisfactory to Landlord, against loss or damage, contest the validity of any such law, act, rule, requirement, order, direction, ordinance and/or regulation and, pending the determination of such contest, may postpone compliance therewith, except that Tenant shall not so postpone compliance therewith, as to subject Landlord to any fine or penalty or to prosecution for a crime, or to cause the Demised Premises or any part thereof to be condemned or to be vacated. Section 6.07. Landlord shall not be responsible or liable for any damage or injury to any property, fixtures, merchandise or decorations or to any person or persons at any time on the Demised Premises from steam, gas or electricity or from water, rain or snow, whether the same may leak into, issue or flow from any part of the Improvements or from pipes or plumbing work of the same, or from any other place or quarter; nor shall Landlord be in any way responsible or liable in case of any accident or injury including death to any of Tenant's employees, agents, or to any person or persons in or about the Demised Premises or the streets or sidewalks adjacent thereto and Tenant agrees that it will not hold Landlord in any way responsible or liable therefor and will further indemnify and hold Landlord harmless from and against any and all claims, liability, penalties, damages, expenses and judgments arising from injury to persons or property of any nature and also for any matter or thing growing out of the occupation of the Demised Premises, or of the streets or sidewalks adjacent thereto. Landlord shall not be liable for interference with light or incorporeal hereditaments by anybody, or caused by the operation by or for any governmental authority in the construction of any public or quasi-public work, and Landlord shall not be liable for any latent or any other defects in the Improvements or any building or buildings now or hereafter erected upon the Demised Land. Landlord here assigns to Tenant, without warranty, on a non-exclusive basis, any and all warranties, guaranties, or other rights which Landlord may have against any contractors constructing any portion of the Improvements. Section 6.08. Landlord shall have the right to show the Demised Premises at any time during the term hereof to any prospective purchasers or mortgagees of the same, and may enter upon the Demised Premises, or any part thereof, for the purpose of ascertaining the condition of said premises or whether Tenant as observing and performing the obligations assumed by it under this Lease, all without hindrance or molestation from Tenant. Landlord shall also have the right to enter upon the Demised Premises for the purpose of making any necessary repairs thereto and performing any work thereof that may be necessary by reason of Tenant's failure to make any such repairs or perform any such work. The above-mentioned rights of entry shall be exercisable only at reasonable times, at reasonable hours, at reasonable intervals and on reasonable notice. Nothing contained herein, however, shall impose or imply any duty on the part of Landlord to make any such repairs or perform any such work. Section 6.09. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanics' or other lien, for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Landlord in and to the Demised Premises. Whenever and as often as any such lien shall have been filed against the Demised Premises, if based upon any action or interest of Tenant, any subtenant or of any one claiming through Tenant or such subtenant, Tenant shall forthwith take such action by bonding, deposit or payment as will remove or satisfy the lien and, in default thereof for thirty (30) days after notice to Tenant, then in addition to any other of Landlord's rights and remedies, Landlord may pay the amount of such mechanics' lien, or discharge the same by bond or deposit, and the amount so paid or deposited (including the premium on any such bond) with interest thereon at the Default Rate from the date of such payment or deposit shall be deemed additional rent reserved under this Lease and, at the option of Landlord, shall be payable contemporaneously with the next installment of rent or with any subsequent installment of rent thereafter becoming due. Section 6.10. Upon the expiration of the term of this Lease or on the sooner termination thereof, Tenant shall peaceably and quietly leave, surrender and yield up unto Landlord all and singular the Demised Premises broom-clean and free of occupants and shall repair all damage to the Demised Premises caused by or resulting from the removal of any removable property of Tenant. Any removable property of Tenant which shall remain on the Demised Premises after the expiration of the term of this Lease or sooner termination thereof and the removal of Tenant from the Demised Premises may, at the option of Landlord, be deemed to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of rent or additional rent payable hereunder and any damages to which Landlord may be entitled under Article 12 hereof or pursuant to law. Section 6.11. If Tenant holds over and refuses to surrender possession of the Demised Premises after the termination of this Lease by lapse of time or otherwise, Landlord shall have the option to treat such holding over as a tenancy at sufferance. During such tenancy the Annual Base Rental shall be one hundred fifty percent (150%) of the amount in effect immediately prior to the termination of this Lease, plus a prorated part of the Impositions. Section 6.12. Tenant will indemnify, protect and save harmless Landlord from and against each and every claim, demand, fine, penalty, cause of action, liability, damage, judgment or 1088, of whatsoever kind or nature, to which Landlord may be subject or which Landlord may sustain, including without limitation, reasonable attorneys' fees, reasonable costs and other reasonable expenses incurred by Landlord in defending against the same, resulting or alleged to result from any violation by Tenant or any failure of Tenant in the performance of any of the covenants or agreements contained in this Article or in any other Article of this Lease.

Use Maintenance and Repairs. Section SECTION 6.01. Tenant is presently occupying the Demised Premises under the Existing Lease and is fully aware of the physical condition and state thereof, and Tenant accepts the same on an "AS-IS, WHERE-IS basis in the physical condition and state in which the Demised Premises now are without any representation or warranty, express or implied in fact or by law, by Landlord and without recourse to Landlord, as to the physical nature, condition or usability thereof. Landlord shall not be required to furnish any services or facilities or to make any repairs or alterations in or to the Demised Premises, throughout the term of this Lease, Tenant hereby assuming the full and sole responsibility for the condition, demolition, construction, operation, repair, replacement, maintenance and management of the Demised Premises, as herein stated. Section SECTION 6.02. Tenant shall use the Demised Premises solely for general office purposes as its corporate headquarters and for related purposes incidental thereto including, but not limited to, manufacturing and warehousing uses incidental thereto. Section SECTION 6.03. Tenant shall not use or occupy or permit the Demised Premises to be used or occupied, nor do or permit anything to be done in or on the Demised Premises, in whole or in part, in a manner which would in any way make void or voidable any insurance then in force with respect thereto, or which would make it impossible to obtain fire or other insurance thereon required to be furnished by Tenant tenant hereunder, or as will cause or be apt to cause structural injury to the Improvements or any part thereof, or as will constitute a public or private nuisance, and shall not use or occupy or permit the Demised Premises premises to be used or occupied, in whole or in part, in a manner which violates any present or future, ordinary or extraordinary, foreseen or unforeseen laws, regulations, ordinances or requirements of the federal, state or municipal governments, or of any departments, subdivision, bureaus or offices thereof, or of any other governmental, public or quasi-public authorities now existing or hereafter created, having jurisdiction over the Demised Premises; providedprovides, however, that Tenant may, in good faith (and wherever necessary, in the name of, but without expense to, Landlord) and after having secured Landlord to its reasonable satisfaction by cash or by a surety company bond in an amount, in a company and in substance reasonably satisfactory to Landlord, against loss or damage, contest the validity of any such laws, regulations, ordinances or requirements and, pending the determination of such contest, may postpone compliance therewith, except that Tenant shall not so postpone compliance therewith as to subject Landlord to any fine or penalty or to prosecution for a crime, or to cause the Demised Premises or any part thereof to be condemned or to be vacated. Tenant will indemnify and save harmless Landlord against any recovery or loss to which Landlord may be subject or which Landlord may sustain, including reasonable attorney's fees and expenses incurred by Landlord arising or alleged to arise from any breach of this covenant or by reason of any action or proceedings proceeding which may be brought against Landlord or against the Demised Premises, or any part thereof, by virtue of violation of any such laws, regulations, ordinances or requirements relating to the use and occupancy of the Demised Premises, or by virtue of any such present or future law of the United States of America, or of the State of California, or the County of Alameda, City of Livermore, or other municipal, public or quasi-public authority now existing or hereafter created, having jurisdiction in the premises. Section 6.04. Tenant shall take good care of the Demised Premises, make all repairs thereto, interior and exterior, structural and non- structural, ordinary and extraordinary, foreseen and unforeseen, and shall maintain and keep the Demised Premises and the sidewalks and curbs in first class order, repair and condition, reasonable wear and tear excepted. Tenant shall also keep the Common Areas of the Demised Premises free and clear from rubbish and shall not encumber or obstruct the same or allow the same to be encumbered or obstructed in any manner. Section 6.05. Tenant shall have the right at any time and from time to time to sell or dispose of any building equipment or personal property subject to this Lease which may have become obsolete or unfitted for use or which is no longer useful, necessary or profitable in the conduct of Tenant's business, provided that if such equipment or property be necessary to the operation of the Improvements, Tenant shall then or theretofore substitute for the same other building equipment or personal property not necessarily of the same character, but capable of performing the same function as that performed by the property so disposed of, and of high quality and suitable for its intended purpose. Section 6.06. Tenant shall diligently comply with and execute at its own expense during the term of this Lease, all present and future laws, acts, rules, requirements, orders, directions, ordinances, and/or regulations, ordinary and extraordinary, foreseen or unforeseen, concerning the condition or use of the Demised Premises or any part thereof, or the streets adjacent thereto, of any federal, state, municipal or other public department, bureau, officer or authority or of the National Board of Fire Underwriters, or other body having similar functions, or of any liability, fire, or other insurance company having policies outstanding with respect to the Demised Premises, whether or not such laws, acts, rules, requirements, orders, directions, ordinances and/or regulations require the making of structural alterations or the use or application of portions of the Demised Premises for compliance therewith or interfere with the use and enjoyment of the Demised Premises, and shall protect, hold harmless and indemnify Landlord of and from all fines, penalties, claim or claims for damages of every kind and nature arising out of any failure to comply with any such laws, acts, rules, requirements, orders, directions, ordinances and/or regulations; provided, further, that Tenant may, in good faith (and wherever necessary, in the name of, but without expense to, Landlord), and after having secured Landlord to its reasonable satisfaction by cash or by a surety company bond in an amount, in a company and in substance satisfactory to Landlord, against loss or damage, contest the validity of any such law, act, rule, requirement, order, direction, ordinance and/or regulation and, pending the determination of such contest, may postpone compliance therewith, except that Tenant shall not so postpone compliance therewith, as to subject Landlord to any fine or penalty or to prosecution for a crime, or to cause the Demised Premises or any part thereof to be condemned or to be vacated. Section 6.07. Landlord shall not be responsible or liable for any damage or injury to any property, fixtures, merchandise or decorations or to any person or persons at any time on the Demised Premises from steam, gas or electricity or from water, rain or snow, whether the same may leak into, issue or flow from any part of the Improvements or from pipes or plumbing work of the same, or from any other place or quarter; nor shall Landlord be in any way responsible or liable in case of any accident or injury including death to any of Tenant's employees, agents, or to any person or persons in or about the Demised Premises or the streets or sidewalks adjacent thereto and Tenant agrees that it will not hold Landlord in any way responsible or liable therefor and will further indemnify and hold Landlord harmless from and against any and all claims, liability, penalties, damages, expenses and judgments arising from injury to persons or property of any nature and also for any matter or thing growing out of the occupation of the Demised Premises, or of the streets or sidewalks adjacent thereto. Landlord shall not be liable for interference with light or incorporeal hereditaments by anybody, or caused by the operation by or for any governmental authority in the construction of any public or quasi-public work, and Landlord shall not be liable for any latent or any other defects in the Improvements or any building or buildings now or hereafter erected upon the Demised Land. Landlord here assigns to Tenant, without warranty, on a non-exclusive basis, any and all warranties, guaranties, or other rights which Landlord may have against any contractors constructing any portion of the Improvements. Section 6.08. Landlord shall have the right to show the Demised Premises at any time during the term hereof to any prospective purchasers or mortgagees of the same, and may enter upon the Demised Premises, or any part thereof, for the purpose of ascertaining the condition of said premises or whether Tenant as observing and performing the obligations assumed by it under this Lease, all without hindrance or molestation from Tenant. Landlord shall also have the right to enter upon the Demised Premises for the purpose of making any necessary repairs thereto and performing any work thereof that may be necessary by reason of Tenant's failure to make any such repairs or perform any such work. The above-mentioned rights of entry shall be exercisable only at reasonable times, at reasonable hours, at reasonable intervals and on reasonable notice. Nothing contained herein, however, shall impose or imply any duty on the part of Landlord to make any such repairs or perform any such work. Section 6.09. Notice is hereby given that Landlord shall not be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and that no mechanics' or other lien, for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Landlord in and to the Demised Premises. Whenever and as often as any such lien shall have been filed against the Demised Premises, if based upon any action or interest of Tenant, any subtenant or of any one claiming through Tenant or such subtenant, Tenant shall forthwith take such action by bonding, deposit or payment as will remove or satisfy the lien and, in default thereof for thirty (30) days after notice to Tenant, then in addition to any other of Landlord's rights and remedies, Landlord may pay the amount of such mechanics' lien, or discharge the same by bond or deposit, and the amount so paid or deposited (including the premium on any such bond) with interest thereon at the Default Rate from the date of such payment or deposit shall be deemed additional rent reserved under this Lease and, at the option of Landlord, shall be payable contemporaneously with the next installment of rent or with any subsequent installment of rent thereafter becoming due. Section 6.10. Upon the expiration of the term of this Lease or on the sooner termination thereof, Tenant shall peaceably and quietly leave, surrender and yield up unto Landlord all and singular the Demised Premises broom-clean and free of occupants and shall repair all damage to the Demised Premises caused by or resulting from the removal of any removable property of Tenant. Any removable property of Tenant which shall remain on the Demised Premises after the expiration of the term of this Lease or sooner termination thereof and the removal of Tenant from the Demised Premises may, at the option of Landlord, be deemed to have been abandoned, and either may be retained by Landlord as its property or may be disposed of in such manner as Landlord may see fit. If such personal property or any part thereof shall be sold, Landlord may receive and retain the proceeds of such sale and apply the same, at its option, against the expenses of the sale, the cost of moving and storage, any arrears of rent or additional rent payable hereunder and any damages to which Landlord may be entitled under Article 12 hereof or pursuant to law. Section 6.11. If Tenant holds over and refuses to surrender possession of the Demised Premises after the termination of this Lease by lapse of time or otherwise, Landlord shall have the option to treat such holding over as a tenancy at sufferance. During such tenancy the Annual Base Rental shall be one hundred fifty percent (150%) of the amount in effect immediately prior to the termination of this Lease, plus a prorated part of the Impositions. Section 6.12. Tenant will indemnify, protect and save harmless Landlord from and against each and every claim, demand, fine, penalty, cause of action, liability, damage, judgment or 1088, of whatsoever kind or nature, to which Landlord may be subject or which Landlord may sustain, including without limitation, reasonable attorneys' fees, reasonable costs and other reasonable expenses incurred by Landlord in defending against the same, resulting or alleged to result from any violation by Tenant or any failure of Tenant in the performance of any of the covenants or agreements contained in this Article or in any other Article of this Lease.