Notwithstanding the foregoing, Tenant shall have no obligation or liability for any roof maintenance or repair based on damage or wear and tear that existed prior to January 1, 2004, except to the extent that any act or omission of Tenant or any Tenant Related Party resulted or results in a violation of the roof warranty in effect as of the Lease Commencement Date.
Tenant shall not permit any odors, smoke, dust, gas, substances, noise or vibrations to emanate from the Premises or from any portion of the Common Areas as a result of the use by Tenant or any Tenant Related Party thereof.
Tenant shall repair or replace any damage to any part of the Project, caused by Tenant or by a Tenant Related Party.
In addition to the foregoing, Tenant shall be responsible for reimbursing Torreyana Landlord or Landlord, as applicable, for all costs expended by Torreyana Landlord or Landlord, as applicable, in repairing any damage to the Shared Conference Facilities, the Amenities, or the Torreyana Project caused by Tenant or any Tenant Related Party.
The foregoing indemnity shall not apply to mold which (i) was not introduced by Tenant or any Tenant Related Party and/or (ii) may be located in the Premises at or prior to the occupancy of the Premises or any other part of the Building by Tenant or any Tenant Related Party or, if sooner, the initial commencement (heretofore or hereafter) of any work, construction, repairs or alterations therein by Tenant or any Tenant Related Party.