Common use of Landlord’s Obligations Clause in Contracts

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall keep in good order, condition and repair, at Landlord’s sole cost and expense, the roof membrane and the structural parts of the Building, which structural parts include only the foundation, subflooring, roof structure, exterior walls and exterior plumbing, except that any damage thereto caused by the negligence or willful misconduct of Tenant or Tenant’s agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant’s agents, employees or contractors, shall be repaired at Tenant’s expense. Landlord shall also maintain in good order, condition and repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share Areas of Operating Costs, the Building and the Outside Area of the Project and Tenant shall reimburse Landlord for the cost thereof as provided in Article 6Paragraphs 17.C and 17.D. The manner in which the Common Area and the Outside Area shall be maintained and the expenditures therefor shall be at the sole discretion of Landlord. Landlord shall maintain the roof, the foundations and structural portions at all times have exclusive control of the Premises Common Area and Outside Area and may at any building time temporarily close any part thereof, exclude and restrain anyone from any part thereof, except the bona fide customers, employees and invitees of which Tenant who use the Premises are Common Area and Outside Area in accordance with the rules and regulations as Landlord may from time to time promulgate, and may change the configuration or location of the Common Area and Outside Area. In exercising any such rights, Landlord shall make a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of reasonable effort to minimize any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any disruption of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timebusiness. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant’s right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations and deduct the expenses of such repairs from the Rent due under this Section are not intended to alter or modify in any way the provisions of Article 12Lease.

Landlord’s Obligations. Subject to the provisions of Sections 8.2 and 14 hereof, and except for damage caused by any negligent or intentional act or omission of Tenant, Tenant’s agents, employees, representatives, customers or invitees, in which event Tenant shall repair the damage, at its sole expense, Landlord shall keep in good order, condition and repair and maintain (a) the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant buildingBuilding, (b) the full amount basic HVAC, mechanical, plumbing and electrical systems (provided, however, that Landlord’s obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Building or in other areas outside of the Premises, but Tenant shall be responsible to repair and maintain any maintenance distribution of such systems throughout the Premises), (c) and repairs necessitated those portions of the Building which are not occupied or leased by any acttenant, omissionand all costs incurred by Landlord in making any such repairs or performing such maintenance shall be Operating Expenses (to the extent permitted) as defined in Section 6.2 hereof, conduct or activity of, or breach provided that Landlord shall have no obligation to perform any act which is the obligation of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of other tenant in the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the PremisesBuilding. Tenant shall pay its share expressly waives the benefits of such maintenance any statute now or hereafter in effect (including, without limitation, the provisions of California Civil Code Sections 1932(1) and repair costs incurred by Landlord, to the extent such obligation exceeds 1942 and any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt successive sections or statutes of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destructionsimilar nature) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. which would otherwise afford Tenant waives the right to make repairs at Landlord’s expense under California Civil Code or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair. Other than as specifically provided in this Section 194210.1, Landlord shall not be obligated to make any repairs or improvements of any kind, in, upon, about, or under any other law, statute to the Premises or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12Building.

Landlord’s Obligations. Subject to the provisions of Sections 12 and 13 hereof, Landlord shall keep in good order, condition and repair and maintain the Common Facilitiesfoundation, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations exterior walls, and other structural portions of the Premises Building, the Common Areas, and the mechanical, electrical, plumbing and fire/life safety systems serving the Building; provided that (i) all costs incurred by Landlord in making any building such repairs or performing such maintenance shall be Operating Expenses as defined in Section 5.2, and (ii) Landlord shall have no obligation to perform any act which is the obligation of which Tenant under this Lease; and further provided that notwithstanding the foregoing, Tenant shall be required to repair, at its sole expense, any damage to the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated Building caused by any act, omission, conduct negligent or activity of, intentional act or breach of this lease by, Tenant or any omission of Tenant’s officers, its employees, contractors, agents, customers or invitees plus fifteen percent (15%) invitees. Tenant hereby expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the cost thereof for right to terminate this Lease because of Landlord’s overheadfailure to keep the Premises in good order, condition and (c) repair. Other than as specifically provided in this Section, Landlord shall not be obligated to make any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason or improvements of any injury to or interference with Tenant’s business arising from the making of any repairskind, alterationsin, upon, about, or improvements to any portion of the Premises or the Property. Except as Building; provided that Landlord agrees that it will maintain the Building, including the Common Areas, pursuant to this Section 8.1 in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion a manner consistent with comparable office buildings in the vicinity of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12Building.

Landlord’s Obligations. Landlord shall maintain the Building Common Area and Common Area, including the Building Systems and lobbies, stairs, elevators, corridors, restrooms, all exterior landscaping and windows serving the Building, and the roof, foundation and other structural components of the Building itself, and all Building Systems (including those portions of Building Systems located within the Premises) except for damage not insured under Landlord’s insurance policies (excluding normal wear and tear), caused by the negligence or willful misconduct of Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant. Any of such repairs necessitated by the active or passive negligence, willful misconduct of Tenant, or any assignees or subtenants permitted hereunder, or employees, or agents of Tenant shall be performed by Landlord, at Tenant’s sole cost and expense. The maintenance for the Building, including without limitation the roof, foundation and other structural components of the Building and Common Areas and all Building Systems shall be subject to Landlord’s sole management and control and shall be operated and maintained in such manner as Landlord in its sole and absolute discretion, shall determine so long as it is at least comparable to that of other similar buildings in the Xxxx Xxxxx Airport submarket of Orange County, California. Tenant shall immediately notify Landlord of any damage to the Premises or any other need for repair to any aspect of the Premises or the Building Property. Subject to Article 12 of this Lease, Landlord shall repair and maintain the Common Facilitieswith commercially reasonable diligence after notice thereof from Tenant, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costsdefects in, as provided in Article 6. Landlord shall maintain the roofand damage to, the foundations Building Systems installed by Landlord and structural portions serving or located on the Premises. If such maintenance and repair is required in part or in whole by the active or passive negligence or willful misconduct of the Premises and any building of which the Premises are a partTenant, but its agents, employees, or contractors, Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by to Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlordrepairs, except to the extent Tenant has been relieved of such obligation exceeds any amount thereof impounded liability under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.11.6

Landlord’s Obligations. Landlord Subject to the provisions of Paragraph "Damage or Destruction", below, Landlord, at its sole cost and expense, shall repair and maintain the Common Facilitiesmaintain, subject to Tenant’s obligation to pay its Pro Rata Share in a good state of Operating Costs, as provided in Article 6. Landlord shall maintain the roofrepair, the structural parts of the roof (but not the roof surface), exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, plate glass and show cases), foundations of the Premises and building, all capital repairs and structural portions of the Premises building and any repairs required by governmental agencies or regulations, including but not limited to life and safety systems within the building that are not required due to the particular use of which the Premises are a part, but building by Tenant shall pay (a) or Tenant's assignee or subtenants; provided however that in the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of event any maintenance and repairs necessitated are made necessary by any act, omission, conduct the wrongful act or activity of, or breach omission of this lease by, Tenant or any of Tenant’s officersits employees, agents, customers customers, or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overheadinvites, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share to Landlord within ten (10) days after written demand, as additional rent, the actual cost of such maintenance and repair costs incurred by Landlord, to repairs plus interest from the extent such obligation exceeds any amount thereof impounded date of expenditure at the highest rate of then permitted under Section 4.5, California law. Landlord shall make repairs under this Paragraph within fifteen thirty (1530) days after receipt Tenant has notified Landlord in writing of a statement from Landlordthe need for such repairs and maintenance unless the particular work to be performed would take longer than thirty (30) days to complete. There In such case, the time period shall be no abatement of rent, extended to a reasonable time so long as Landlord exercises due diligence in carrying out such repair and no liability of Landlord, maintenance. Landlord shall be responsible to repair roof damage (including leaks) caused by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion installation of the Premises or HVAC and other equipment installed by Landlord that penetrates the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), roof Landlord shall have absolutely no other responsibility maintenance or repair obligations whatsoever with respect to repair, maintain or replace any portion the Premises except as expressly provided in this Paragraph. Tenant hereby expressly waives the provisions of subsection 1 of Section 1932 and Sections 1941 and 1942 of the Premises at any time. Tenant waives the right Civil Code of California and all rights to make repairs at Landlord’s the expense under California Civil Code of Landlord as provided in Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions 1942 of Article 12said Civic Code.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roofroof (structure and membrane), the foundations foundations, exterior walls and structural portions of the Premises and any building of which the Premises are a part, but Building. Tenant shall pay (a) subject to the full terms and provisions of Section 6 above, its Share of the costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct negligence or activity willful misconduct of, or breach of this lease Lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (plus fifteen ten percent (1510%) of the cost thereof to reimburse Landlord for Landlord’s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Subject to the terms and provisions of Section 6 above, Tenant shall pay its share Share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation)Building, Landlord shall have absolutely no other responsibility except to repair, maintain the extent caused by Landlord’s gross negligence or replace any portion of the Premises at any timewillful misconduct. Tenant expressly waives the right all rights to make repairs at Landlord’s the expense under California Civil Code Section 1942, of Landlord or under deduct any other law, amounts from rent as provided in any statute or ordinance now or hereafter in effect, including its rights under the provisions of California Civil Code Sections 1941 and 1942. Landlords Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilitiesfacilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain and the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part. Provided, but however, that Tenant shall pay the (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach beach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen ten percent (1510%) of the cost thereof to reimburse Landlord for Landlord’s overhead), and (cb) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share the cost of such maintenance and repair costs incurred by Landlordrequired repairs, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s Xxxxxx's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall agrees to repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises Building and any building of which the Premises are a partplumbing, but Tenant shall pay (a) the full costs of heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord, unless such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated are (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) or (ii) caused in part or in whole by any the act, omissionneglect or omission of any duty by Tenant, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, its agents, customers servants, employees or invitees plus fifteen percent (15%) of invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred repairs. Except as provided in this Subparagraph 14(a), Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Landlord will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Landlord, Tenant. Tenant will not be entitled to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, rent and no Landlord will not have any liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, alterations or improvements in or to any portion of the Building or the Premises or the Property. Except as provided in Article 18 (Damage or to fixtures, appurtenances and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeequipment therein. Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Section 1942, Sections 1941 and 1942 and any successor statutes or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions laws of Article 12a similar nature).

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain and the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part. Provided, but however, that Tenant shall pay the (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or conductor activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (plus fifteen ten percent (1510%) of the cost thereof for Landlord’s overhead, ); and (cb) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter so long as Landlord has taken reasonable steps to minimize the interference with Tenant’s business. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in In effect. Landlords Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall keep in good order, condition and repair the structural parts of the Building, which structural parts include only the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all doors and ceilings), and the roof structure of the Building (but not the roof membrane), all unexposed plumbing and electrical facilities, and all gutters and downspouts, except for any damage thereto caused by the negligence or willful acts or omissions of Tenant or of Tenant’s agents, employees or invitees, or by reason of the failure of Tenant to perform or comply with any terms of this Lease, or caused by Alterations made by Tenant or by Tenant’s agents, employees or contractors. In addition, Landlord shall perform any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders that become effective after the date of this Lease, and all capital improvements required to be made in connection with the operation, maintenance and repair of the Building; provided, however, in accordance with Paragraph 5.C, any and all costs and expenses incurred by Landlord in performing any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the Common Facilities, subject to need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant’s obligation right to pay its Pro Rata Share make repairs and deduct the expenses of Operating Costs, as provided in Article 6such repairs from the Rent due under this Lease. Landlord shall maintain keep in good order, condition, repair and maintenance the roofBuilding’s HVAC system, the foundations and structural portions any HVAC system exclusively serving any part of the Premises and the roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s HVAC system and any building HVAC system exclusively serving any part of the Premises, and a roof maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s roof. Landlord shall determine in its sole reasonable discretion whether any such vendor is qualified. Any and all costs of any maintenance or minor repair of the Building’s HVAC system or the roof (including without limitation the cost of maintaining Building’s HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs payable by Tenant for the year in which such cost is incurred. Any and all costs of any replacement or major repair of the Premises Building’s HVAC system or the roof, together with interest at the Interest Rate, shall be amortized on a straight-line basis over the useful life of the item replaced or repaired (as determined by Landlord in its sole discretion) (collectively, the “Useful Life”), and the entire amount of such amortized costs and interest allocable to each month, multiplied by Tenant’s Building Share, shall be included in the monthly Common Area Maintenance Costs payable by Tenant during the entire period over which such costs are a partamortized, but until Tenant shall pay has paid to Landlord that proportion of the total amount of such amortized costs equal to (a) the full costs number of months remaining during the Term as of the date such maintenancereplacement of major repair was completed, or an equitable share determined divided by Landlord if the Premises are part of a multi-tenant building, (b) the full amount number of any maintenance and repairs necessitated months of the Useful Life, multiplied by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of (c) Tenant’s officers, agents, customers or invitees plus fifteen Building Share; provided that in no event shall such proportion exceed one hundred percent (15100%) ). Repairs to the Building’s HVAC system or the roof shall be deemed to be “minor” if the total aggregate cost of such repairs is less than or equal to Ten Thousand Dollars ($10,000.00), and shall be deemed to be “major” if the total aggregate cost of such repairs exceeds Ten Thousand Dollars ($10,000.00). For the purposes of example only and not by way of limitation, if a replacement of part of the Building’s HVAC system is completed twenty-five (25) months before the end of the Term, at a cost thereof for Landlord’s overheadof Twenty Thousand Dollars ($20,000.00), and the Useful Life of such replaced part of the HVAC system is fifty (50) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Dollars ($400.00) per month, with interest at the Interest Rate, and (cb) any maintenance and repairs necessitated the amount to be included, in the monthly Common Area Maintenance Costs payable solely by breaking and entering Tenant for the balance of the PremisesTerm shall equal Four Hundred Dollars ($400.00), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Three Thousand Dollars ($3,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Twenty Thousand Dollars ($20,000.00) multiplied by [Twenty-Five (25) Months divided by Fifty (50) Months], multiplied by Tenant’s Building Share). Tenant shall pay its share of such maintenance any and repair all costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to maintenance or interference with Tenant’s business arising from the making repair of any repairsHVAC system exclusively serving, alterations, or improvements to any part of the Premises (including without limitation an equitable portion of the Premises or HVAC system preventative maintenance contracts) directly to Landlord within ten (10) days of receipt from Landlord of an invoice of such costs as Additional Rent. It is the Property. Except express intent of the parties that except as provided specifically set forth in Article 18 (Damage and Destruction) and Article 17 (Condemnation)this Paragraph 17.A, Landlord shall have absolutely no other responsibility obligation whatsoever to incur any costs or expenses whatsoever with respect to the repair, maintain or replace any portion operation, and maintenance of the Premises at any time. Building, and that Tenant waives shall be responsible, for all costs and expenses arising from the right to make repairs at Landlord’s expense under California Civil Code Section 1942repair, or under any other law, statute or ordinance now or hereafter operations and maintenance of the Building except those costs and expenses specifically described in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.Paragraph 17.A.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s 's overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are Tenant shall not intended to alter or modify in be responsible for any way roof replacement during the provisions of Article 12Lease Term.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s 's overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its the share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 10 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are Tenant shall not intended to alter or modify in be responsible for any way roof replacement during the provisions of Article 12Lease Term.

Landlord’s Obligations. Landlord shall agrees to repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises Building, including the foundations, bearing and any building of which exterior walls (excluding glass), subflooring and roof (excluding skylights), and the Premises are a partunexposed electrical, but Tenant shall pay (a) the full costs plumbing and sewer systems, including those portions of such maintenancesystems which are outside the Premises, or an equitable share determined by Landlord if gutters and downspouts on the Premises are part of a multi-tenant buildingBuilding and the heating, (b) ventilating and air conditioning systems which serve the full amount of any Premises, unless such maintenance and repairs necessitated are caused in part or in whole by any the act, omissionneglect or omission of any duty by Tenant, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, its agents, customers servants, employees or invitees plus fifteen percent (15%) of invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair repairs. The costs incurred of maintenance and repairs performed by LandlordLandlord will be included in Operating Expenses. Except as provided in this Subparagraph 14(a), Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the extent Premises or any part thereof. Landlord will not be liable for any failure to make any such obligation exceeds repairs or to perform any amount thereof impounded under Section 4.5, within fifteen (15) days maintenance unless such failure shall persist for an unreasonable time after receipt written notice of a statement from Landlordthe need of such repairs or maintenance is given to Landlord by Tenant. There shall Tenant will not be no entitled to any abatement of rent, rent and no Landlord will not have any liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, alterations or improvements in or to any portion of o/ the Building or the Premises or the Property. Except as provided in Article 18 (Damage or to fixtures, appurtenances and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeequipment therein. Tenant waives the right to make repairs at al Landlord’s 's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Section 1942, Sections 1941 and 1942 and any successor statutes or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions laws of Article 12a similar nature).

Landlord’s Obligations. Landlord shall maintain and keep in first-class condition and state of repair and maintain the Common Facilities(comparable to other Comparable Buildings) and, subject to Tenant’s obligation to pay its Pro Rata Share of Operating CostsSection 6 above, as provided in Article 6. Landlord shall maintain the roofcompliance with applicable laws, the foundations and foundations, exterior walls, structural portions of the Premises roof and any building other structural portions of which the Premises are a partBuilding (including the floor/ceiling slabs, but Tenant curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking facilities, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, entrances, landscaping, art work, sculptures, restrooms, mechanical, electrical and telephone closets, and all common and public areas) (collectively, the “Building Structure”), and shall pay maintain the electrical, plumbing, heating, ventilating, sprinkler and life-safety equipment in the Building (a) collectively, the full costs of such maintenance“Building Systems”); and except that all damage or injury to the Premises, the Building or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance equipment and repairs necessitated improvements therein caused by any act, omissionneglect, conduct misuse or activity of, or breach omission of this lease by, any duty by Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated Parties shall be paid by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, except to the extent the cost of same is covered by insurance carried by Landlord hereunder (or would have been covered had Landlord carried the insurance required hereunder). Subject to the provisions of Section 42(i) below, Landlord shall commence performance of any such obligation exceeds required repairs promptly (but in any amount thereof impounded under Section 4.5, event within fifteen ten (1510) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, or sooner if required by reason of any injury an emergency situation, unsafe condition or threat to person or interference with Tenant’s business arising property) following receipt of written notice from the making of any repairs, alterations, or improvements to any portion Tenant of the Premises or need for such repairs and shall thereafter diligently prosecute the Propertywork of such repairs to completion. Except as provided in Article 18 (Damage and Destruction) and Article 17 (CondemnationSubject to the following provisions of this Section 7(a), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant hereby waives the and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code Section 1942, or under any other similar law, statute or ordinance now or hereafter in effect. Landlords Landlord makes no warranty as to the quality, continuity or availability of the telecommunications services in the Building, and Tenant hereby waives any claim against Landlord for any actual or consequential damages (including damages for loss of business) if Tenant’s telecommunications services in any way are interrupted, damaged or rendered less effective, except to the extent caused by the negligence or willful misconduct of Landlord, its agents, contractors or employees. However, if Landlord fails to perform any of Landlord’s obligations under this Section 7(a) promptly after receipt of written notice of the need therefore from Tenant, and (1) such failure results in a situation which materially and adversely affects the operation of Tenant’s business from the Premises or an material risk of injury to persons or material property damage, (2) such failure is susceptible of cure by Tenant without work upon or otherwise affecting the exterior appearance of the Building, or adversely affecting the structural elements of the Building or the integrated Building mechanical or utility systems, and (3) within three (3) business days (or such shorter period as is reasonable under the circumstances if relating to an emergency situation, unsafe condition or threat to person or property) following Landlord’s receipt of a second written notice from Tenant of the existence of such situation stating Tenant’s intent to exercise its rights under this Section if such situation is not cured, Landlord fails to commence and thereafter diligently prosecute to completion the cure thereof, then Tenant shall have the right, but not the obligation, to promptly take such measures as are necessary to cure such situation (using qualified, licensed contractors reasonably experienced in performance of comparable work in Comparable Buildings), and Landlord shall reimburse Tenant for the reasonable costs of completing such cure, plus interest at the ten percent (10%) per annum (or such lesser rate as is the then maximum lawful rate of interest) from the date such costs were incurred by Tenant until such reimbursement by Landlord, within thirty (30) days following Tenant’s submission to Landlord of reasonable evidence of the amount of such costs. If within thirty (30) days following Tenant’s completion of such cure and submission of such evidence of the costs thereof, Landlord does not intended either pay to alter Tenant the amount requested or modify deliver written notice (an “Objection Notice”) to Tenant objecting to Tenant’s claim that Landlord was required to perform such work under this Lease and/or the amount requested for reimbursement (provided that if Landlord so objects to a portion of the amount requested for reimbursement, Landlord shall pay to Tenant the undisputed amount), then, notwithstanding anything to the contrary contained in this Lease, Tenant may offset the amount so requested, including interest, for reimbursement from Tenant’s rental obligations next coming due under this Lease; provided that if Landlord so delivers an Objection Notice, Tenant shall not be entitled to any way such offset (other than as to undisputed amounts if the Objection Notice objects only to a portion of the amount requested for reimbursement) and as Tenant’s sole remedy for amounts not so reimbursed or offset, Tenant may proceed to claim a default by Landlord. Any dispute as to which Landlord delivers an Objection Notice pursuant hereto shall be resolved by arbitration in accordance with the provisions of Article 12Section 37 below.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain keep the roof, foundations, bearing walls (excluding surface maintenance such as painting) building systems (including with limitation mechanical, electrical, telephone closets, life safety, common area plumbing [not within the foundations Premises], sprinkler systems and structural portions of HVAC systems and common areas, in good condition and repair; and subject to paragraph 4.2.7, the Premises and any building of which cost thereof shall be included in Operating Expenses unless the Premises cause for such maintenance or repairs are a part, but Tenant shall pay (a) the full costs of such maintenance, caused in whole or an equitable share determined by Landlord if the Premises are in part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct fault or activity of, or breach of this lease by, omission by Tenant or any of Tenant’s officers, its agents, customers servants, employees, invitees or invitees caused by breaking and entering, in which case Tenant shall pay the actual cost of such maintenance or repairs concurrently with the next payment of Base Rent plus fifteen an administrative fee of ten percent (1510%) of the cost thereof for Landlord’s overheadsuch actual costs. Except as provided in paragraph 8.7, 9.5 and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord11.5, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There there shall be no abatement of rent, and no rent or liability of Landlord, by reason to Landlord on account of any injury to or interference with Tenant’s business arising from with respect to any improvements, alterations or repairs made by Landlord to the making Project or any part thereof, or on account of any repairsinterruption of services or of access to the Premises, alterations, Building or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeProject. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense under or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and repair, including without limitation California Civil Code Section Sections 1941-1942. Landlord shall maintain the Building and the Project in good condition and repair consistent with other buildings of similar age, type and quality in the San Diego area. As soon as reasonably possible after receipt of notice, Landlord shall make all repairs, replacements, alterations or improvements needed to comply with applicable laws, codes, statutes, ordinances, rules, regulations, orders, covenants, conditions and restrictions of record, and requirements of any fire insurance underwriters or ratings bureaus, etc. relating to the Building and the Common Areas (including, without limitation the Americans with Disabilities Act), provided that compliance with such laws is not the specific responsibility of Tenant under this Lease, or under any other lawif the compliance work is triggered by Tenant’s occupancy, statute use, or ordinance now alteration or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12addition.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this finis lease by, Tenant or any of Tenant’s Ten ant's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s 's overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s Ten ant's business arising from the making of any repairs, repairs alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 (16 Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain and the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part. Provided, but however, that except to the extent paid for by insurance proceeds Tenant shall pay the (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach beach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead), and (cb) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share the cost of such maintenance and repair costs incurred by Landlordrequired repairs, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent, within fifteen (15) days fifteen(l5)days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall at Landlord’s expense repair and maintain all Common Facilities, the heating, ventilation and air conditioning system serving the Premises, the common elements of the electrical, lighting and plumbing systems of the Premises and the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of excess Operating Costs, Costs as provided in Article 6. Notwithstanding the foregoing, Landlord shall repair and maintain the roofroof structures, the foundations foundation and major structural portions elements of the Premises and Project, as well as any building of which defects in the Premises are a partTenant Improvements, but without reimbursement from Tenant. Provided, however, that Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof except for Landlordnormal wear and tear arising from Tenant’s overhead, occupancy and (c) any maintenance and repairs necessitated by breaking and entering use of the Premises). Tenant shall pay its share the cost of such maintenance and repair costs incurred by Landlordrequired repairs, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent, within fifteen (15) 30 days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), there shall be no abatement of rent and Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall keep in good order, condition and repair the structural parts of the Building, which structural parts include only the foundation, subflooring, exterior walls (excluding the interior of all walls and the exterior and interior of all windows, doors, ceilings, and plate glass), and the roof structure of the Building (but not the roof membrane), all unexposed plumbing and electrical facilities, and all gutters and downspouts, except for any damage thereto caused (i) by the negligence or willful acts or omissions of Tenant or of Tenant’s agents, employees or invitees, or (ii) by reason of the failure of Tenant to perform or comply with any terms of this Lease, or (iii) by Alterations made by Tenant or by Tenant’s agents, employees or contractors. Landlord shall be responsible for the costs to maintain and repair such structural parts of the Building except the costs to repair the damage resulting from the causes described in clauses (i), (ii) or (iii) in the preceding sentence for which Tenant shall be responsible. In addition, Landlord shall perform any alterations, additions or improvements required to be made to the Building in order to comply with applicable laws, ordinances, rules, regulations and orders that become effective after the date of this Lease, and all capital improvements required to be made in connection with the operation, maintenance and repair of the Building; provided, however, in accordance with Paragraph 5.C, any and all costs and expenses incurred by Landlord in performing any such alterations, additions, improvements or capital improvements, together with interest at the Interest Rate, shall be amortized over the useful life, as reasonably determined by Landlord, of the alteration, addition, improvement or capital improvement in question and included in Common Area Maintenance Costs for each year over which such costs are amortized. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord of the Common Facilities, subject to need for such repairs or maintenance. Tenant waives the provisions of Sections 1941 and 1942 of the California Civil Code and any similar or successor law regarding Tenant’s obligation right to pay its Pro Rata Share make repairs and deduct the expenses of Operating Costs, as provided in Article 6such repairs from the Rent due under this Lease. Landlord shall maintain keep in good order, condition, repair and maintenance the roofBuilding’s HVAC system, the foundations and structural portions any HVAC system exclusively serving any part of the Premises and the roof, and shall maintain an HVAC system preventive maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s HVAC system and any building HVAC system exclusively serving any part of the Premises, and a roof maintenance service contract from a qualified vendor for the purpose of maintaining the Building’s roof. Landlord shall determine in its sole reasonable discretion whether any such vendor is qualified. Any and all costs of any maintenance or minor repair of the Building’s HVAC system or the roof (including without limitation the cost of maintaining Building’s HVAC system preventative maintenance contracts and roof maintenance service contracts) shall be included in the Common Area Maintenance Costs for the year in which such cost is incurred. Any and all costs of any maintenance or minor repair of any HVAC system exclusively serving any part of the Premises shall be payable solely by Tenant for the year in which such cost is incurred. Any and all costs of any replacement or major repair of the Building’s HVAC system or the roof, together with interest at the Amortization Rate, shall be amortized on a straight-line basis over the useful life of the item replaced or repaired (as determined by Landlord in its reasonable discretion), and the entire amount of such amortized costs and interest allocable to each month, multiplied by Tenant’s Building Share, shall be included in the monthly Common Area Maintenance Costs payable during the entire period over which such costs are a partamortized, but until Tenant shall pay has paid to Landlord that proportion of the total amount of such amortized costs equal to (a) the full costs number of months remaining during the Term as of the date such maintenancereplacement or major repair was completed, or an equitable share determined divided by Landlord if the Premises are part of a multi-tenant building, (b) the full amount number of months of the useful life, multiplied by (c) Tenant’s Building Share; provided that in no event shall such proportion exceed one hundred percent (100%). Any and all costs of any maintenance and repairs necessitated by replacement or major repair of any act, omission, conduct or activity of, or breach of this lease by, Tenant or HVAC system exclusively serving any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) part of the Premises shall be payable solely by Tenant in accordance with the foregoing. Repairs to the Building’s HVAC system or the roof shall be deemed to be “minor” if the total aggregate cost thereof for Landlordof such repairs is less than or equal to Ten Thousand Dollars ($10,000.00), and shall be deemed to be “major” if the total aggregate cost of such repairs exceeds Ten Thousand Dollars ($10,000.00). For the purposes of example only and not by way of limitation, if a replacement of part of the Building’s overheadHVAC system is completed twenty-five (25) months before the end of the Term, at a cost of Twenty Thousand Dollars ($20,000.00), and the useful life of such replaced part of the HVAC system is fifty (50) months, then (a) the cost of such replacement shall be amortized at the rate of Four Hundred Dollars ($400.00) per month, with interest at the Amortization Rate, and (cb) any maintenance and repairs necessitated the amount to be included in the monthly Common Area Maintenance Costs payable solely by breaking and entering Tenant for the balance of the PremisesTerm shall equal Four Hundred Dollars ($400.00), with interest at the Interest Rate, until Tenant has paid to Landlord a total aggregate amount of Three Thousand Dollars ($3,000.00), together with interest at the Interest Rate, towards such amortized costs (i.e., Twenty Thousand Dollars ($20,000.00) multiplied by [Twenty-Five (25) Months divided by Fifty (50) Months], multiplied by Tenant’s Building Share). Tenant shall pay its share of such maintenance any and repair all costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to maintenance or interference with Tenant’s business arising from the making repair of any repairs, alterations, or improvements to HVAC system exclusively serving any part of the Premises (including without limitation an equitable portion of the Premises or HVAC system preventative maintenance contracts) directly to Landlord within ten (10) days of receipt from Landlord of an invoice of such costs as Additional Rent. It is the Property. Except express intent of the parties that except as provided specifically set forth in Article 18 (Damage and Destruction) and Article 17 (Condemnation)this Paragraph 17.A, Landlord shall have absolutely no other responsibility obligation whatsoever to incur any costs or expenses whatsoever with respect to the repair, maintain or replace any portion operation, and maintenance of the Premises at any time. Building, and that Tenant waives shall be responsible for Tenant’s Building Share of all costs and expenses arising from the right to make repairs at Landlord’s repair, operation, and maintenance of the Building except those costs and expenses specifically described in this Paragraph 17.A. or exclusively the costs and expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter of Tenant as described in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.Paragraph 17.A.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain and the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part. Provided, but however, that Tenant shall pay the (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead), and (cb) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share the cost of such maintenance and repair costs incurred by Landlordrequired repairs, to the extent such obligation exceeds any amount thereof impounded under Section 4.5as Additional Rent, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Propertyof this Center. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. The improvements to the Premises ---------------------- constructed by or on behalf of Landlord shall be in full compliance with all applicable Laws in effect at the time of such construction. Subject to Article ------- 12, Landlord shall repair and maintain with reasonable diligence and in a first- -- class manner after written notice thereof from Tenant, defects in, and damage to, the Common FacilitiesBuilding's plumbing, subject HVAC and electrical systems and structural systems installed by or on behalf of Landlord and serving or located on the Premises. If and to the extent such maintenance and repair is required in part or in whole by the act, neglect, misuse, fault or omission of any duty of Tenant’s obligation , its agents, employees, contractors, licensees or invitees (acting within the scope of their relationship with Tenant), Tenant shall pay to pay its Pro Rata Share Landlord the cost of Operating Costssuch maintenance and repairs, except to the extent Tenant has been relieved of such liability under Section 11.5. Except as provided in Article 6. Landlord shall maintain the roof12, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There there shall be ------------ ---------- no abatement of rentrent with respect to, and no liability of LandlordLandlord shall not be liable for, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterationsmaintenance, alteration or improvements improvement in or to any portion of the Premises Project or the PropertyBuilding, including the Premises, or in or to the fixtures, appurtenances and equipment therein. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation)Further, neither Landlord nor any partner, director, officer, agent or employee of Landlord shall have absolutely no be liable (a) for any damage caused by other responsibility to repair, maintain lessees or replace persons in or about the Project; or (b) for any portion consequential damages arising out of any loss of use of the Premises at or any timeequipment or facilities therein by Tenant or any person claiming through or under Tenant. Subject to Section 9.3, as a material inducement to Landlord entering into this Lease, Tenant waives the and releases its right to make repairs at Landlord’s 's expense under Sections 1932(1) or 1942 of the California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Building. Tenant shall pay (a) its Share of the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease Lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Landlord shall keep in force a preventive maintenance contract providing for the regular (at least quarterly) inspection and maintenance of the heating and air conditioning system (including leaks around ducts, pipes, vents, and other parts of the air conditioning) by a reputable licensed heating and air conditioning contractor acceptable to Landlord and the cost of such maintenance shall be passed through to Tenant as an Operating Cost. Tenant shall pay its share Share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeCenter. Tenant expressly waives the right all rights to make repairs at Landlord’s the expense under California Civil Code Section 1942, of Landlord or under deduct any other law, amounts from rent as provided in any statute or ordinance now or hereafter in effect, including its rights under the provisions of California Civil Code Sections 1941 and 1942. Landlords Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair repair, replace and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Building. Tenant shall pay (a) its Share of the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees other than normal wear and tear (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead), provided that Landlord shall have first notified Tenant of the need for the maintenance and repair and provided Tenant with a reasonable time to remedy the same; and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share Share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen thirty (1530) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter, except to the extent arising from Landlord's gross negligence or willful misconduct. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall agrees to repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises Building and any building of which the Premises are a partplumbing, but Tenant shall pay (a) the full costs of such maintenanceheating, ventilating, air conditioning, elevator and electrical systems installed or an equitable share determined furnished by Landlord if in the Premises are part of a multi-tenant buildingBuilding and the Premises, (b) the full amount of any unless such maintenance and repairs necessitated are (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and appliances constructed or installed within Tenant's Premises) and identified on Exhibit "I" attached hereto, or (ii) caused in part or in whole by any the act, omissionneglect or omission of any duty by Tenant, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, its agents, customers servants, employees or invitees plus fifteen percent (15%) of invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred repairs. Landlord will not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by LandlordTenant. Except as provided in Paragraph 20, Tenant will not be entitled to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, rent and no Landlord will not have any liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein unless the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain same is a direct result of Landlord's gross negligence or replace any portion of the Premises at any timewillful misconduct. Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Section 1942, Sections 1941 and 1942 and any successor statutes or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions laws of Article 12a similar nature).

Landlord’s Obligations. Subject to the provisions of Section 12.3 (Tenant's Obligations) Article XIII (Damage or Destruction), Article XIV (Condemnation) and Article X (Parking and Common Use Facilities), Landlord shall repair repair, maintain in good and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Coststenantable condition and replace, as provided in Article 6. Landlord shall maintain necessary, the roof, the foundations and exterior walls, structural portions parts of the Premises and any building of which all meters, pipes, conduits, equipment, components and facilities that supply the Premises are with utilities on a part, but Tenant shall pay nonexclusive basis (a) the full costs of such maintenance, or an equitable share determined by Landlord except if the appropriate utility company has assumed these duties) or that form a centralized air conditioning system servicing the Premises are part of a multi-tenant buildingin common with other Premises in the Shopping Center provided, (b) the full amount of any maintenance and however, that Landlord shall not be required to make repairs necessitated by any act, omission, conduct or activity of, or breach reason of this lease by, the negligence of Tenant or any of anyone claiming under Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of the failure of Tenant to perform or observe any injury to conditions or interference with Tenant’s business arising from the making agreements of this Lease, or by reason of any repairs, alterations, improvements made by Tenant or improvements to any portion of the Premises or the Propertyanyone claiming under Tenant. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation)In addition, Landlord shall have absolutely no other responsibility the right, but not the obligation, as a Shopping Center operating cost to repairmaintain and repair any and all cabinet signs maintained by Tenant including but not limited to repairing the sign face and electrical portions, maintain or replace any portion waxing and/or refinishing the cabinet sign faces, all at Tenant's expense. Any and all of the Premises at any timesuch costs and expenses of Landlord shall be Shopping Center operating costs under Section 4.5 hereof. Tenant waives the right to make repairs at Landlord’s expense under benefit of California Civil Code Section 1942, or under Sections 1941 and 1942 and of any other law, statute present or ordinance now future law which might give Tenant the right to repair the Premises at Landlord's expense or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way terminate the provisions Lease due to the condition of Article 12the Premises.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises and the Building; provided, however, any building structural replacements of which the Premises are a part, but foundations and other structural portions of the Building shall be at Landlord's sole expense and not reimbursable by Tenant as an Operating Cost. Tenant shall pay (a) its Share of the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease Lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share Share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations foundations, structural portions, landscaping, parking lots and structural portions other exterior areas of the Premises and any building of which the Premises are a partCenter, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s 's overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter except to the extent caused by Landlord's gross negligence or willful misconduct. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall agrees to repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations and structural portions of the Premises Building, including the foundations, bearing and any building of which exterior walls (excluding glass), subflooring and roof (excluding skylights), and the Premises are a partunexposed electrical, but Tenant shall pay (a) the full costs plumbing and sewer systems, including those portions of such maintenancesystems which are outside the Premises, or an equitable share determined by Landlord if gutters and downspouts on the Premises are part of a multi-tenant buildingBuilding and the heating, (b) ventilating and air conditioning systems which serve the full amount of any Premises, unless such maintenance and repairs necessitated are caused in part or in whole by any the act, omissionneglect or omission of any duty by Tenant, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, its agents, customers servants, employees or invitees plus fifteen percent (15%) of invitees, in which case Tenant will pay to Landlord, as additional rent, the reasonable cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair repairs. The costs incurred of maintenance and repairs performed by LandlordLandlord will be included in Operating Expenses. Except as provided in this Subparagraph 14(a), Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the extent Premises or any part thereof. Landlord will not be liable for any failure to make any such obligation exceeds repairs or to perform any amount thereof impounded under Section 4.5, within fifteen (15) days maintenance unless such failure shall persist for an unreasonable time after receipt written notice of a statement from Landlordthe need of such repairs or maintenance is given to Landlord by Tenant. There shall Tenant will not be no entitled to any abatement of rent, rent and no Landlord will not have any liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, alterations or improvements in or to any portion of the Building or the Premises or the Property. Except as provided in Article 18 (Damage or to fixtures, appurtenances and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeequipment therein. Tenant waives the right to make repairs at Landlord’s 's expense under any law, statute, ordinance, rule, regulation, order or ruling (including, without limitation, to the extent the Premises are located in California, the provisions of California Civil Code Section 1942, Sections 1941 and 1942 and any successor statutes or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions laws of Article 12a similar nature).

Landlord’s Obligations. Subject to Article 12, Landlord shall repair and maintain the Common FacilitiesBuilding structures and Building Systems in a manner consistent with that of a reasonably prudent building owner of a first-class office building in the Santa Xxxxxx/West Los Angeles area (including, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roofwithout limitation, the foundations Building’s HVAC system in accordance with the recommended maintenance specifications therefor). To the extent such maintenance and structural portions repair is required due to the act (other than ordinary use as contemplated by this Lease), neglect, misuse, or fault of the Premises and any building of which the Premises are a partTenant, but its agents, employees, contractors, licensees or invitees, Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by to Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, repairs except to the extent Tenant has been relieved of such obligation exceeds any amount thereof impounded liability pursuant to this Lease, including, without limitation, under Section 4.511.6. Except as provided in Articles 6 and 12, within fifteen (15) days after receipt of a statement from Landlord. There there shall be no abatement of rentrent with respect to, and no liability of LandlordLandlord shall not be liable for, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterationsmaintenance, alteration or improvements improvement in or to any portion of the Premises Project or the PropertyBuilding, including the Premises. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation)Further, neither Landlord nor any member, manager, partner, director, officer, agent or employee of Landlord shall have absolutely no be liable for any damage caused by other responsibility to repairlessees or persons in or about the Project, maintain or replace for any portion consequential damages arising out of any loss of use of the Premises at or any timeequipment or facilities therein by Tenant or any person claiming through or under Tenant. As a material inducement to Landlord entering into this Lease, Tenant waives the and releases its right to make repairs at Landlord’s expense under Section 1942 of the California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect, and Tenant waives and releases the right to terminate this Lease under Section 1932(1) of the California Civil Code or any similar or successor statute. Landlords obligations under this Section are not intended Subject to alter the foregoing, Landlord shall endeavor to cause the least disruption practicable to Tenant while making repairs, alterations or modify in any way improvements to the provisions Project. If reasonably requested by Tenant, such activities by Landlord which materially affect the Premises or access thereto shall be performed outside of Article 12Normal Working Hours to the extent practicable.

Landlord’s Obligations. Subject to Paragraphs 7.1, 12 and 13, Landlord shall repair maintain or cause to be maintained in good order, condition and maintain repair, the Common FacilitiesAreas of the Property (including the parking area and the landscaping on the Property), subject the structural components of the Building (which structural components include only the foundation and the structural components of all exterior walls and the Building’s roof system), the Building’s exterior walls, and the Building’s roof (including the roof membrane). Any costs incurred by Landlord pursuant to this provision shall be Operating Costs (to the extent properly included therein) and nothing contained herein shall be construed to negate or limit Tenant’s obligation to pay its Pro Rata Tenant’s Share of Operating Costs, as provided in Article 6such costs. Landlord shall maintain be under no obligation to inspect the roofProperty, including the foundations Building; and structural portions Tenant shall promptly report in writing to Landlord any condition known to Tenant which Landlord is required to repair. As a material part of the Premises consideration for this Lease, Tenant hereby waives any benefits of any applicable existing or future Law, including the provisions of California Civil Code Sections 1932(1), 1941 and any building of which 1942, that allows a tenant to make repairs at its landlord’s expense. Notwithstanding anything to the Premises are a partcontrary in this Lease, but Landlord shall perform and construct, and Tenant shall pay have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the full costs acts or omissions of such maintenanceLandlord, or an equitable share determined by Landlord if the Premises are part of a multi-tenant buildingits respective agents, employees or contractors, (b) for which Landlord has a right of reimbursement from others or (c) which could be treated as a “capital expenditure” under generally accepted accounting principles and cost in excess of $75,000 per occurrence. Notwithstanding the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease byforegoing, Tenant or any of Tenant’s officers, agents, customers or invitees plus fifteen percent (15%) shall pay for its share of the cost thereof for Landlord’s overhead, repairs described in subsections (a) and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.5, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided costs are properly included in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords obligations under this Section are not intended to alter or modify in any way the provisions of Article 12Operating Costs.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations foundations, structural portions, landscaping, parking lots and structural portions other exterior areas of the Premises and any building of which the Premises are a partCenter, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyCenter except to the extent caused by Landlord’s gross negligence or willful misconduct. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s 's obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the foundations foundations, structural portions, landscaping, parking lots and structural portions other exterior areas of the Premises and any building of which the Premises are a partBuilding, but Tenant shall pay (a) the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease by, Tenant or any of Tenant’s 's officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof for Landlord’s Landlord"s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with Tenant’s 's business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the PropertyBuilding except to the extent caused by Landlord's gross negligence or willful misconduct. Except as provided in Article 18 16 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any time. Tenant waives the right to make repairs at Landlord’s 's expense under California Civil Code Section 1942, or under any other law, statute or ordinance now or hereafter in effect. Landlords Landlord's obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.

Landlord’s Obligations. Landlord shall repair and maintain the Common Facilities, subject to Tenant’s obligation to pay its Pro Rata Share of Operating Costs, as provided in Article 6. Landlord shall maintain the roof, the exterior walls, the foundations and structural portions of the Premises and any building of which the Premises are a part, but Building. Tenant shall pay (a) its Share of the full costs of such maintenance, or an equitable share determined by Landlord if the Premises are part of a multi-tenant building, (b) the full amount of any maintenance and repairs necessitated by any act, omission, conduct or activity of, or breach of this lease Lease by, Tenant or any of Tenant’s officers, agents, customers or invitees (plus fifteen percent (15%) of the cost thereof to reimburse Landlord for Landlord’s overhead, ); and (c) any maintenance and repairs necessitated by breaking and entering of the Premises. Tenant shall pay its share Share of such maintenance and repair costs incurred by Landlord, to the extent such obligation exceeds any amount thereof impounded under Section 4.54.4, within fifteen (15) days after receipt of a statement from Landlord. There Except to the extent contemplated in Section 16 hereof, there shall be no abatement of rent, and no liability of Landlord, by reason of any injury to or interference with TenantXxxxxx’s business arising from the making of any repairs, alterations, or improvements to any portion of the Premises or the Property. Except as provided in Article 18 (Damage and Destruction) and Article 17 (Condemnation), Landlord shall have absolutely no other responsibility to repair, maintain or replace any portion of the Premises at any timeCenter. Tenant expressly waives the right all rights to make repairs at Landlord’s the expense under California Civil Code Section 1942, of Landlord or under deduct any other law, amounts from rent as provided in any statute or ordinance now or hereafter in effect, including its rights under the provisions of California Civil Code Sections 1941 and 1942. Landlords Landlord’s obligations under this Section are not intended to alter or modify in any way the provisions of Article 12.