Common use of By Tenant Clause in Contracts

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premises.

By Tenant. Subject Tenant agrees to Landlord’s obligation to provide certain janitorial services to carry public liability insurance on the Premises under Section 16.5 (Other Services)during the Term hereof, covering the Tenant willand naming the Landlord, at its sole costLandlord's mortgagee, keep the Premises Landlord's agents and the fixturesbeneficiaries and such other parties as may be reasonably requested by Landlord as additional named insureds with terms and companies reasonably satisfactory to Landlord for limits of not less than $2,000,000 for bodily injury, improvements, equipmentincluding death, and finishes personal injury for any one occurrence, $1,000,000 property damage insurance or combined single limit of $2,000,000. Tenant's insurance will include contractual liability coverage recognizing this Lease, products and/or completed operations liability, sprinkler damage insurance and any Alterations therein in clean, safe, shall provide that Landlord and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible given a minimum of thirty (30) days' written notice by the insurance company prior to maintain and repair cancellation, termination or change in such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithinsurance. Tenant shall use Union Labor (also agrees to carry insurance against fire and such other risks as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, are from time to time included in standard fire and extended coverage insurance for the full insurable value, covering Tenant's leasehold improvements constructed or installed by Tenant, all of Tenant's merchandise, trade fixtures, furnishings, wall coverings, plate glass, floor coverings, carpeting, drapes and window coverings, equipment and all items of personal property of Tenant located on or within the Premises. At the Commencement Date, Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance is in full force and effect and stating the terms thereof. The minimum limits of the comprehensive general liability policy of insurance shall in no way limit or diminish Tenant's liability under Section 11.6 hereof and Tenant's insurance obligation shall be subject to additional and/or different types of insurance at any time, and from time to time, during the TermTerm hereof if Landlord, that in the Maintenance Labor Covenant is being fully and faithfully observed and exercise of its reasonable judgment, shall deem same necessary for adequate protection hereunder. Within twenty (20) days after Tenant's receipt of written demand therefor by Landlord, Tenant shall include furnish Landlord with evidence that such demand has been complied with and further provided that such additional and/or different types of insurance shall be reasonable and customary for restaurant uses in mixed use developments in the obligation geographic area in which the Project is located. Tenant shall have the right to maintain any coverage required pursuant to this Section 11.2 under any of its blanket insurance policies, so long as such blanket policies provide such evidence for the coverages, in each service contract entered into by Tenant for such servicesthe amounts, required herein, and (c) incorporate so long as such policies list the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesPremises specifically.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory; provided, however, in no waste event shall Tenant be responsible for any facilities, systems and/or equipment in the floor slab, behind walls or injury thereto. As above ceilings unless installed by Tenant as part of an Alteration. Landlord reserves the Maintenance Activitiesright to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense subject, however, to the subsequent provisions of this subparagraph (ii). All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay as Additional Rent the reasonable cost of the repairs to Landlord, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs, at the same time as the installment of Base Rent with which the same are billed, or if billed separately, within ten (30) days after such billing. At the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, Street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises except to the extent resulting from Landlord’s failure to perform its obligations under Section 8(b)(i). In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willTenant, at its Tenant’s sole cost, keep shall maintain the nonstructural components of the Premises and every part of the Premises (including, without limitation, all floor materials, walls and ceilings and their coverings, doors and locks, furnishings, trade fixtures, signage, leasehold improvements, equipmentequipment and other personal property from time to time situated in or on the Premises) in good order, condition and repair, reasonable wear and tear excepted, and finishes and any Alterations therein in a clean, safe, operable, attractive and sanitary condition and in good order and repair, condition. Tenant will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no not commit or allow to remain any waste or injury thereto. As part damage to any portion of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)repair or replace, except that the Maintenance Labor Covenant shall not apply subject to Landlord’s direction and supervision, any damage to the services for the installation, operation, maintenance, and repair of personal property owned exclusively Complex caused by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of and/or Tenant’s specialized equipment. To the extent Union Labor is not available in the market employees, agents, licensees, subtenants, assignees, contractors and/or invitees If Tenant fails to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall make such repairs or replacements (a) include within fifteen (15) days after receipt of written notice thereof from Landlord with respect to any repairs or replacements affecting the Maintenance Labor Covenant in each electrical, plumbing, HVAC, life-safety and/or mechanical systems of its service contractsthe Building, any structural portions of the Building, and/or the exterior appearance of the Building or any area outside the Premises, (b) provide such evidence as immediately after receipt of oral or written notice in the event of an emergency, or (c) within thirty (30) days after receipt of written notice from Landlord with respect to all repairs and replacements Tenant is required to make under this Section 8.2 other than those described in clauses (a) and (b) hereinabove, then Landlord may reasonably require, from time to time during make the Term, that the Maintenance Labor Covenant is being fully and faithfully observed same and Tenant shall include pay to Landlord the obligation actual cost incurred by Landlord in performing such repair or replacement work, plus a five percent (5%) supervision fee, within thirty (30) days after Tenant’s receipt of an invoice therefor. All contractors, workmen, artisans and other persons which or whom Tenant proposes to provide retain to perform work in the Premises (or the Complex, pursuant to the third sentence of this Section 8.2) pursuant to this Section 8.2 or Article 11 below shall be approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) prior to the commencement of any such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premiseswork.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear and Casualty excepted. Tenant’s repair obligations include repairs to: (collectively1) floor coverings and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment that is installed by or for the “Maintenance Activities” and, individually, the “Maintenance Activity”) benefit of Tenant and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services located in the Premises whether installed or other portions of the Building; (6) air conditioning units serving Tenant exclusively (if applicable); (7) any kitchen equipment or similar facilities serving Tenant exclusively (if applicable); (8) phone rooms used exclusively by Tenant Tenant; (9) Alterations performed by contractors retained by or by Landlord on behalf of Tenant, including related HVAC balancing; and (10) all of Tenant’s behalf furnishings, trade fixtures, equipment and whether installed personal property. If Tenant fails to commence any such needed repairs within five (5) days of Landlord’s written request, Landlord reserves the right to perform any of the foregoing maintenance or repair obligations (other than with respect to subsection (10)) or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s or Landlord’s cost, expense. All work shall be performed in accordance with the rules and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined procedures described in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”8(a), except that any repairs in the Maintenance Labor Covenant ordinary course constituting Permitted Alterations shall not apply require prior notice to Landlord or Landlord’s prior consent thereto. If Tenant fails to make any repairs to the services Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the installationarea to be repaired is visible from the exterior of the Project), operationLandlord may, maintenancein addition to any other remedy available to Landlord, make the repairs, and repair Tenant shall pay the reasonable cost of personal property owned exclusively by Tenant the repairs to Landlord within thirty (e.g.30) days after receipt of an invoice, computer systems, telephones, and furniture other than modular furnituretogether with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. At the expiration or for any sooner termination of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activitythis Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable under any circumstances for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street, sidewalks or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or invitee of any such tenant, it being understood that Tenant’s sole recourse in the event of any such loss, injury or damage will be to file a claim on the insurance policies that Tenant is required to maintain pursuant to Section 11(a). It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping, ventilation and moisture control practices. Tenant shall promptly report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”), and shall conduct its activities in the Building in a manner that prevents unusual moisture conditions or mold growth. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, shall keep the Premises and the fixturesLoading Dock in good and clean condition and shall at its sole cost and expense keep the same free of dirt, improvementsrubbish, equipmentice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and finishes any sewer stoppage located in, under and above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, except for any Alterations therein in cleanlatent design or construction defects that existed prior to the full execution of this Lease. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), safeLandlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs and Tenant shall pay to Landlord upon demand, and sanitary condition and in good order and repair, will take good care thereof (collectivelyas Rent hereunder, the “Maintenance Activities” andcost of such repairs plus interest at the Default Rate, individuallysuch interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the “Maintenance Activity”) and will cause no waste right to make such repairs without notice to Tenant in the event of an emergency, or injury thereto. As part if such repairs relate to the exterior of the Maintenance ActivitiesPremises. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type takes possession of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, provide Landlord a copy of such contract and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during upon request furnish proof reasonably satisfactory to Landlord that all such systems and equipment are being serviced in accordance with the Termmaintenance/service contract. At the expiration of this Lease, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include surrender the obligation Premises in good condition, excepting reasonable wear and tear. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to provide such evidence in each service contract entered into by Tenant for such servicespersons or property resulting from fire, and (c) incorporate the foregoing requirements in any subleaseexplosion, licensefalling plaster, steam, gas, electricity, water or occupancy agreement relating to all or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject to Section 8(b)(i) above, Tenant shall keep the interior, non-structural portion of the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken interior glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws. All contractors and subcontractors shall be subject to Landlord’s obligation written approval in accordance with Section 8(b)(iii). If any repairs required to provide certain janitorial services be made by Tenant hereunder are not commenced within ten (10) Business Days after written notice delivered to Tenant by Landlord (such time period not being subject to the Premises under notice and cure provisions of Section 16.5 (Other Services17(f)), Tenant will, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Xxxxxx. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Building. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole costrisk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, keep its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the fixturesPremises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, improvements, equipmentincluding leaks), and finishes allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any Alterations therein in clean, safe, item of Tenant’s repair and sanitary condition and in good order and maintenance obligations set forth herein involves a capital repair, will take good care thereof replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (collectively“Tenant Repair Capital Item”), including, without limitation, any necessary replacement of any HVAC unit or air handler serving the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesBuilding, Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item, provided that neither party shall have the right to require that the capacity, quality or size of any item to be solely responsible repaired or replaced be upgraded as part of such work unless the party requiring such upgrade agrees to maintain and repair bear any increased cost associated with the acquisition of/or installation of an upgraded item compared to the acquisition/installation of a reasonably similar substitute item (however, if applicable law requires such finishes and equipmentan upgrade, including kitchen appliances and fixturesthe foregoing limitation will not apply). Following completion of such work, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type provide Tenant with written notice of equipment or improvements, together with related plumbing, electrical, or other utility services in (i) the Premises whether installed by total cost of such Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Repair Capital Item (“Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor CovenantRepair Capital Item Cost”), except that (ii) the Maintenance Labor Covenant shall not apply estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the monthly amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence “prime rate” as Landlord may reasonably require, announced from time to time during the Termby Bank of America, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesN.A., plus one percent (1%) per annum, and (civ) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating monthly amount due and payable by Tenant to all or any part reimburse Landlord for that portion of the Premisesamortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the payment by Tenant to Landlord of the monthly Base Rent. The intent of the parties hereto is that, in the event of the necessity of a Tenant Repair Capital Item, Tenant shall only be obligated to pay the cost of such Tenant Repair Capital Item Cost equal to the ratio that the remainder of the Term bears to the Useful Life (i.e., if there are five (5) years remaining in the term and the Useful Life of the applicable Tenant Repair Capital Item Cost is twenty (20) years, Tenant will only be required to pay twenty five percent (25%) of such Tenant Repair Capital Item Cost, plus interest as described in clause (iii) above.

By Tenant. Subject Tenant shall not do anything or permit anything to Landlord’s obligation be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws which relate to provide certain janitorial services (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under Section 16.5 (Other Services)to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant's use of the Premises for non-general office use. Tenant willshall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the date of delivery of the Premises to Tenant. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep to comply promptly with such standards or regulations to the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste extent they apply to Tenant's use or injury thereto. As part occupancy of the Maintenance Activities, Premises. Tenant shall be solely responsible responsible, at its sole cost and expense, to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether installed by Landlord is a party thereto, that Tenant or by has violated any of said governmental measures, shall be conclusive of that fact as between Landlord on and Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24. For purposes of Section 9.7 below) for all Maintenance Activities (1938 of the “Maintenance Labor Covenant”)California Civil Code, except that the Maintenance Labor Covenant shall not apply Landlord hereby discloses to the services for the installation, operation, maintenanceTenant, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Termhereby acknowledges, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into Premises have not undergone inspection by Tenant for such services, and a Certified Access Specialist (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesCASp).

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to Throughout the Premises under Section 16.5 (Other Services)Term, Tenant willshall maintain the Leased Premises in their condition as of the Commencement Date, loss or damage caused by the elements, ordinary wear and tear, and fire and other casualty excepted, and at the termination of this Lease, or Tenant’s right to possession, Tenant shall return the Leased Premises to Landlord in broom‑clean condition. To the extent Tenant fails to perform either obligation, Landlord may, but need not, restore the Leased Premises to such condition and Tenant shall pay the cost thereof. Additionally, Tenant, at its sole costexpense, keep the Premises shall repair, replace and the fixtures, improvements, equipment, and finishes and any Alterations therein maintain in clean, safe, and sanitary good condition and in good order accordance with all applicable laws and repairthe equipment manufacturer’s suggested service programs, will take good care thereof all portions of the Leased Premises and all areas, improvements and systems exclusively serving the Leased Premises, including the branch lines of the plumbing, electrical and HVAC systems, including all duct work. With respect to any portion of the Leased Premises visible from any common area inside or outside of the Building (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityVisible Leased Premises”) and will cause no waste or injury thereto. As part of the Maintenance Activities), Tenant shall be solely responsible to (i) maintain such Visible Leased Premises and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers fixtures and bathroom fixturesequipment located therein in a neat and first-class condition throughout the Term and any extension thereof, supplemental air-conditioning equipment(ii) not use the Visible Leased Premises for storage, computers(iii) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Leased Premises, (iv) complete within the Visible Leased Premises any cleaning reasonably requested by Landlord within two business days after Landlord’s written request therefor, and (v) complete within the Visible Leased Premises any repairs reasonably requested by Landlord within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by Tenant or its employees, agents, or invitees. If (a) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (b) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Leased Premises, or if such damage occurs inside the Leased Premises but affects the Building’s Systems and/or Building’s structure or any other type of equipment or improvementsarea outside the Leased Premises, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by then Landlord on Tenant’s behalf and whether installed may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or Landlord’s replacement work performed by Landlord under this Section, in each case plus an administrative fee of 6% of such cost, and shall be paid by Tenant to Landlord within 30 days after Landlord has no obligation in connection therewith. invoiced Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisestherefor.

By Tenant. Subject to Section 8(b)(i) above, Tenant shall keep the interior, non-structural portion of the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken interior glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws. All contractors and subcontractors shall be subject to Landlord’s obligation written approval in accordance with Section 8(b)(iii). If any repairs required to provide certain janitorial services be made by Tenant hereunder are not commenced within ten (10) Business Days after written notice delivered to Tenant by Landlord (such time period not being subject to the Premises under notice and cure provisions of Section 16.5 (Other Services17(f)), Tenant will, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Building. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole costrisk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, keep its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the fixturesPremises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, improvements, equipmentincluding leaks), and finishes allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any Alterations therein in clean, safe, item of Tenant’s repair and sanitary condition and in good order and maintenance obligations set forth herein involves a capital repair, will take good care thereof replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (collectively“Tenant Repair Capital Item”), including, without limitation, any necessary replacement of any HVAC unit or air handler serving the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesBuilding, Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item, provided that neither party shall have the right to require that the capacity, quality or size of any item to be solely responsible repaired or replaced be upgraded as part of such work unless the party requiring such upgrade agrees to maintain and repair bear any increased cost associated with the acquisition of/or installation of an upgraded item compared to the acquisition/installation of a reasonably similar substitute item (however, if applicable law requires such finishes and equipmentan upgrade, including kitchen appliances and fixturesthe foregoing limitation will not apply). Following completion of such work, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type provide Tenant with written notice of equipment or improvements, together with related plumbing, electrical, or other utility services in (i) the Premises whether installed by total cost of such Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Repair Capital Item (“Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor CovenantRepair Capital Item Cost”), except that (ii) the Maintenance Labor Covenant shall not apply estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the monthly amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence “prime rate” as Landlord may reasonably require, announced from time to time during the Termby Bank of America, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesN.A., plus one percent (1%) per annum, and (civ) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating monthly amount due and payable by Tenant to all or any part reimburse Landlord for that portion of the Premisesamortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the payment by Tenant to Landlord of the monthly Base Rent. The intent of the parties hereto is that, in the event of the necessity of a Tenant Repair Capital Item, Tenant shall only be obligated to pay the cost of such Tenant Repair Capital Item Cost equal to the ratio that the remainder of the Term bears to the Useful Life (i.e., if there are five (5) years remaining in the term and the Useful Life of the applicable Tenant Repair Capital Item Cost is twenty (20) years, Tenant will only be required to pay twenty five percent (25%) of such Tenant Repair Capital Item Cost, plus interest as described in clause (iii) above.

By Tenant. Subject Tenant shall not do anything or suffer anything to be done in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any such governmental regulations related to disabled access (collectively, “Applicable Laws“). At its sole cost and expense, Tenant shall promptly comply with any Applicable Laws which relate to (i) Tenant’s use of the Premises, (ii) any Alterations made by Tenant to the Premises, (iii) the Tenant Maintenance Responsibilities, or (iv) the Landlord Maintenance Responsibilities, but as to the Landlord Maintenance Responsibilities, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises, or triggered by the Tenant Improvements (subject to Section 1 of the Tenant Work Letter in connection with the initial construction of the Tenant Improvements), or triggered by Tenant’s use of the Premises. Notwithstanding the foregoing, if, within one (1) year following the Commencement Date, any work is required to comply with Applicable Laws due to Landlord’s obligation delivery of possession of the Premises to provide certain janitorial services Tenant in a condition that is not in compliance with Applicable Laws as of the date of delivery of the Premises, then Landlord, as opposed to Tenant, shall be responsible for the cost of any such work, except to the Premises under Section 16.5 extent that such non-compliance is the result of (Other Services)a) elements incorporated into the Construction Documents from Changes or (b) Tenant's specific use of the Premises, which condition would not constitute a violation of Applicable Laws in the absence of such use by Tenant. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant willby a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep the Premises to comply promptly with such standards or regulations and the fixturesto cooperate with Landlord, improvementsincluding, equipmentwithout limitation, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair by taking such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence actions as Landlord may reasonably require, from time in Landlord’s efforts to time during comply with such standards or regulations. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the TermPremises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that the Maintenance Labor Covenant is being fully Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesTenant.

By Tenant. Subject to LandlordTenant shall, at Tenant’s obligation to provide certain janitorial services to sole cost and expense, maintain the Premises under Section 16.5 (Other Servicesother than the portions of the Building Structure (defined below) and Building Systems (defined below) of the Building which are contained in the Premises), Tenant willin good, at its sole cost, keep the Premises clean and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary first-class condition and in good order and repair, will take good care thereof (collectively, . Without limiting the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part generality of the Maintenance Activitiesforegoing, Tenant shall be solely responsible to maintain for maintaining and repair such finishes and equipment, including kitchen appliances and repairing all fixtures, modular furniturenon-Building standard electrical lighting, showers ceilings and bathroom fixturesfloor coverings, supplemental air-conditioning equipmentwindows, computersdoors, or any other type plate glass, skylights, and interior walls within the Premises using the same quality of equipment or improvements, together with related plumbing, electrical, or other utility services materials as used in the Premises whether installed original construction. In addition, Tenant shall be responsible for all repairs (beyond ordinary wear and tear) made necessary by Tenant or by its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Landlord on Tenant’s behalf acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and whether installed subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any Cabling. Tenant shall, at Tenant’s expense, contract with a reputable licensed contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord’s cost. Except as otherwise expressly set forth in this Lease, Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) any similar or for any of successor law regarding Tenant’s specialized equipment. To right to make repairs and deduct expenses of such repairs from the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesRent due under this Lease.

By Tenant. Subject Tenant shall not do anything or suffer anything to Landlord’s obligation be done in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any such governmental regulations related to provide certain janitorial services disabled access (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with any Applicable Laws which relate to (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Tenant Improvements in the Premises, (iii) the Tenant Maintenance Responsibilities, or (iv) the Landlord Maintenance Responsibilities, but as to the Landlord Maintenance Responsibilities, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under to the extent such Alterations are not normal and customary business office improvements, or triggered by the Tenant Improvements to the extent such Tenant Improvements are not normal and customary business office improvements (subject to Section 16.5 (Other Services1 of the Tenant Work Letter in connection with the initial construction of the Tenant Improvements), or triggered by Tenant's use of the Premises for non-general office use. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant willby a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep the Premises to comply promptly with such standards or regulations and the fixturesto cooperate with Landlord, improvementsincluding, equipmentwithout limitation, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair by taking such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence actions as Landlord may reasonably require, from time in Landlord's efforts to time during comply with such standards or regulations. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the TermPremises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that the Maintenance Labor Covenant is being fully Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesTenant.

By Tenant. Subject With respect to Landlord’s obligation to provide certain janitorial services any Environmental Noncompliance or Environmental Condition applicable to the Leased Premises, attributable to Tenant's use or occupancy of the Leased Premises for which Tenant is responsible in accordance with this Seciton 4, and without in any way limiting the scope of Tenant's obligations under the indemnification provisions in Section 16.5 4.2(a) above, as between Tenant and Landlord, Tenant will be responsible for the initiation of all investigations, studies, cleanup, corrective action or response or remedial action required by any local, state or federal government agency now or hereafter authorized to regulate environmental matters (Other Serviceshereinafter "Governmental Entities"), Tenant willor by any consent decree, at its sole costor court or administrative order now or hereafter applicable to the Leased Premises, keep or by any federal, state or local law, regulation, rule or ordinance now or hereafter in effect resulting during Tenant's use and occupancy of the Leased Premises and resulting from Tenant's activities on the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, Leased Premises. Tenant will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation pay all costs in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)with such actions, except that the Maintenance Labor Covenant shall not apply to the services for the including, without limitation, installation, operation, maintenance, testing, monitoring costs, preparation of plans, designs, applications, studies and repair reports by or for Governmental Entities or other regulating agencies, the preparation of personal property owned exclusively by Tenant (e.g.closure or other required plans, computer systemsthe retention of legal counsel, telephonesengineers, and furniture other than modular furniture) or for any of Tenant’s specialized equipmentexpert consultants. To Subject to the extent Union Labor is not available in the market to perform a specific Maintenance Activitylimitations set forth herein, Tenant shall have the responsibility and right to manage and control all investigations and any environmental cleanup, remediation, or related activities relating to matters for which Tenant is responsible in accordance with this section. Tenant, however, may not negotiate with, fulfill any requirements or claims made by a Governmental Entity or third party, settle or contest such requirement or third-party claim without the express approval of Landlord, such approval shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesunreasonably withheld, and (c) incorporate Landlord shall have the foregoing requirements right to participate fully in any subleaseand all meetings, license, negotiations or occupancy agreement relating decisions relevant to all the investigation or any part remediation of Environmental Conditions at the Leased Premises.