Common use of Landlord’s Maintenance Obligations Clause in Contracts

Landlord’s Maintenance Obligations. As part of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Landlord shall not be responsible for repairing or maintaining any part of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractor.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations are limited to the replacement of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or TenantBuilding’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Structure; Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing or (2) alterations to the Building’s Structure required by applicable law because of Tenant’s use of the Leased Premises (which alterations shall be Tenant’s responsibility). The Building’s Structure does not include skylights, windows, glass or plate glass, doors or overhead doors, special fronts, or office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the cost of performing the work. Additionally, Landlord shall maintain the parking areas, and other common areas of the Building, including driveways, alleys, landscape and grounds surrounding the Premises and utility lines in a good condition, consistent with the operation of a general office, manufacturing, and warehouse facility, including the exterior of the Building (including painting), landscaping sprinkler systems, and any items normally associated with the foregoing. All costs in performing the work described in the foregoing sentence shall be included in Operating Costs. Tenant shall promptly notify Landlord in writing of any work required to be performed under this Section 7, and Landlord shall not be responsible for performing such work until Txxxxx delivers to Landlord such notice. Additionally, in no event shall Landlord be responsible for alterations to the Building’s Structure required by applicable Law because of Tenant’s use of the Premises (which alterations shall be made by Tenant at its sole cost and expense). Notwithstanding anything to the contrary contained herein, Landlord shall, in its sole and absolute discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action). Landlord acknowledges that the emergency generator that is currently located on the Project for providing electricity to the Building (the “Generator”) is Tenant’s property and that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any may remove and dispose of the appliances or appurtenances or Generator as it sees fit at termination of this Lease, provided Tenant shall, at its sole cost and expense, repair any attachment thereto or attachments damage to said building or Leased Premises used in connection therewith. Neither Tenant nor the Project caused by Tenant’s contractor removal of the Generator. Landlord shall cut, breach, modify, alter provide to Tenant any keys or otherwise affect codes that will enable Tenant to have access to the roof without fenced area where the prior written consent Generator is located at all times during the Term of Landlord, which consent this Lease. Tenant agrees that during the Term of this Lease the Generator may be conditioned on Tenant using a contractor approved by Landlordused to service the entire Building, and in consideration therefor the Landlord shall maintain the Generator in good working condition at all times (including keeping it fueled at not less than 50% fuel capacity at all times). Any All such costs of performing any roof work on behalf of maintaining the Generator shall be Operating Costs and Tenant shall be done at Tenant’s sole cost which amount pay its Proportionate Share of such costs pursuant to Section 4(b), above. Tenant shall be due and payable upon receipt insure the Generator against loss or destruction and, in the event of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Leaseloss or destruction of the Generator, Tenant shall be liable solely responsible for any and all damage caused providing a replacement Generator, which shall be the property of Tenant that it may remove on termination of this Lease, subject to the roof repair obligation set forth above, and Landlord shall provide all commercially reasonable assistance and cooperation that may be required for the installation of the replacement Generator, including modification, alteration, or reconfiguration of any wall, conduit, or wiring of the Building required to connect the replacement Generator to the automatic transfer switch for transferring the Building power source to the replacement Generator (the “ATS”), all at Landlord’s sole cost as maintenance of the Building’s Structure and not as an Operating Cost. Similarly, if the Generator ceases to operate due to any cause that is not covered by insurance, Tenant shall be solely responsible for providing a replacement Generator, which shall be the property of Tenant that it may remove on termination of this Lease, subject to the repair obligation set forth above, and Landlord shall provide all commercially reasonable assistance and cooperation that may be required for the installation of the replacement Generator, including modification, alteration, or reconfiguration of any wall, conduit, or wiring of the Building required to connect the replacement Generator to the ATS, all at Landlord’s sole cost as maintenance of the Building’s Structure and not as an Operating Cost. The Landlord’s Work shall include the installation of walls and access around the ATS so that the current location of the ATS becomes a common area accessible by Tenant at all times, and the common area for the ATS shall not be moved or relocated by Landlord without Tenant’s contractorprior written consent, which shall not be unreasonably withheld.

Landlord’s Maintenance Obligations. As part of the Operating Expenses LandlordPossession Date, after receiving written notice from Tenant as defined the Building and all building systems serving the Premises shall be in Paragraph 32(B) good working order. Subject to the provisions of this Lease and having reasonable opportunity thereafter Article 7, Tenant's obligation to obtain the necessary workmenpay Additional Rent pursuant to Section 4.2, therefor agrees to repair only the roof and the exterior walls waiver of the Leased Premisessubrogation set forth in Section 5.3(d) hereof, unless damaged due to except for damage caused by any act or omission of Tenant or Tenant’s agent, representatives, 's employees, licenseesagents, invitees contractors or contractorsinvitees, Landlord will maintain the Common Areas in which case Landlord shall undertake such repairs good order, condition and repair and will keep the structural supports, exterior walls, foundation, and roof of the Building, the Building systems, the heating, ventilating and air conditioning systems serving the Premises and the Common Areas (but excluding any supplemental equipment, HVAC or other systems installed by Tenant or at Tenant’s sole cost 's request or as a result of Tenant's requirements in excess of building standard design criteria; Landlord's Work shall be deemed to not exceed building standard design criteria) in good order, condition and expense repair, and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for in compliance with the cost of all such repairs Americans with Disabilities Act and all other losses incurred applicable Legal Requirements. Landlord will not be obligated to maintain or repair windows, doors or plate glass. Tenant will promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair. Landlord will repair, at Tenant's expense (subject to the waiver of subrogation set forth in Section 5.3(d) hereof), any damage to the Property caused by Tenant's acts or omissions which is Landlord's maintenance responsibility. Notwithstanding Tenant's obligations as set forth in Section 5.1 hereof, any alterations or improvements to the Premises that are required to comply with Legal Requirements that do not arise from Tenant's particular use of the Premises shall be performed by Landlord. Landlord shall not be responsible for repairing or maintaining any part of , and the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant thereof shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject reimbursable Operating Expenses pursuant to a fifteen percent (15%) administration fee. In accordance with this LeaseSection 4.2.3 hereof, Tenant shall be liable for any and all damage caused except to the roof by Tenant’s contractorextent arising from a violation of Legal Requirements first occurring prior to the Possession Date.

Landlord’s Maintenance Obligations. As part Subject to the obligations of the Operating Expenses LandlordTenant set forth in Section 13.3, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter Landlord shall make all necessary repairs to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls walls, exterior doors, roof, windows, utility pipes, conduits, fixtures, exterior glass, stairs, corridors and other common areas of the Leased Premisesbuilding, unless damaged due and Landlord shall keep the building in a safe, clean and neat condition, and shall use reasonable efforts to keep all equipment used in common with other tenants, such as elevators, plumbing, heating, air-conditioning and similar equipment, in good condition and repair. Expect as provided in Section 15.4, there shall be no abatement of Minimum Monthly Rental or Additional Rental and in no event shall there be any liability to Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in of to any act portion of the Building, or omission in or to fixtures, appurtenances and equipment therein or thereon. Minimum annual Rental shall be an amount equal to one and one half (1.5) times the sum of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in the Minimum Annual Rental and Additional Rental which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord was payable for the cost of all such repairs and all other losses incurred by Landlord. Landlord shall not be responsible for repairing or maintaining any part twelve (12) month period immediately preceding the expiration of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration feeLease. In accordance with the event Tenant fails to surrender the Premises upon the expiration of this Lease, Tenant shall be liable for indemnify accrue therefrom, including, without limitation, any and all damage caused claims made by any succeeding tenant founded on or resulting from Tenant's failure to surrender. Acceptance by Landlord of any Minimum Monthly Rental or Additional Rental after the roof by Tenant’s contractorexpiration or earlier termination of this Lease shall not constitute a consent to a hold over hereunder, constitute acceptance of Tenant as a tenant at will or result in a renewal of this Lease.

Landlord’s Maintenance Obligations. As part During the Term, Landlord shall have a continuing obligation to maintain the roof of the Operating Expenses LandlordBuilding. In the event that Tenant disturbs any portion of the Building's roof, then Tenant shall be responsible for any maintenance of the roof required as a result of the roof being so disturbed by Tenant. During the Term, Tenant shall replace, as necessary, all Building Systems (as defined below) and Building Structural Elements (as defined below). In addition, Tenant shall make all replacements, additions, alterations and improvements to the Premises which are required by any law, statute, code, ordinance, by-law, rule or regulation of any governmental authority. The cost of all work performed by Tenant as provided in the preceding provisions of this paragraph shall initially be paid by Tenant, subject to reimbursement by Landlord for a portion of such cost as provided in the following provisions of this paragraph. With respect to any replacement, addition, alteration or improvement performed by Tenant pursuant to the preceding provisions of this paragraph, Landlord shall reimburse to Tenant a percentage of the cost thereof, which percentage shall be the decimal equivalent of the fraction the numerator of which is the number of years (or fraction thereof) remaining in the Term on and after receiving written notice from the date of completion of the replacement, alteration, addition or improvement in question and the denominator of which is the useful life of the replacement, alteration, addition or improvement in question (expressed in a number of years or fraction thereof), which useful life shall be determined by Tenant acting in good faith in its reasonable discretion. For purposes of the preceding sentence, the word "Term" shall mean the Initial Term only if the replacement, addition, alteration or improvement in question is completed during the Initial Term and prior to any exercise by Tenant of the Extension Option (as defined in Paragraph 32(BArticle XIII below) pursuant to the provisions of this Lease Article XIII below and having reasonable opportunity thereafter to obtain shall mean the necessary workmenExtended Term (as defined 24 32 in Article XIII below) if the replacement, therefor agrees to repair only the roof and the exterior walls addition, alteration or improvement in question is completed after any exercise by Tenant of the Leased Premises, unless damaged due Extension Option pursuant to any act the provisions of Article XIII below or omission during the Extended Term. Any amount to be reimbursed by Landlord to Tenant pursuant to the provisions of this paragraph shall be paid to Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven thirty (730) days after receipt by Landlord of written notice from a statement of the amount to be paid which statement shall provide a detailed explanation of the calculation of the amount to be paid by Landlord for (including, without limitation, the total cost of all such repairs the work performed and all other losses incurred by Landlord. Landlord shall not be responsible for repairing or maintaining any part Tenant's determination of the interior useful life of the Leased Premises that replacement, alteration, addition or improvement in question). In the event Landlord fails to make any such payment or reimbursement on or prior to its due date thereof, Tenant occupies including may offset the doorsamount owed and unpaid, hardwaretogether with interest thereon at the Default Rate (as defined below), framesfrom the date due through the effective date of the offset, hinges, or overhead roll-up door or the window glass, casings, frames or against Minimum Annual Rent and other sums then and thereafter owing to Landlord under this Lease. Notwithstanding any of the appliances foregoing to the contrary, if the replacement addition, alteration or appurtenances improvement in question is completed during the Initial Term and prior to any exercise by Tenant of the Extension Option and Tenant thereafter exercises the Extension Option, then the amount to be reimbursed by Landlord to Tenant as provided in this paragraph shall be recalculated to reflect the fact that the Term shall include the Extended Term and, as such, Tenant shall reimburse Landlord within thirty (30) days after the commencement of the Extended Term for the difference between the amount previously paid by Landlord to Tenant on account of such replacement, addition, alteration or improvement based upon the Term expiring at the end of the Initial Term and the amount payable by Landlord to Tenant on account of such replacement, addition, alteration or improvement based upon the Term expiring at the end of the Extended Term. Notwithstanding any attachment thereto of the foregoing to the contrary, if the Term terminates prior to the end of the Initial Term (or attachments the end of the Extended Term if Tenant shall have exercised the Extension Option pursuant to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cutthe provisions of Article XIII below) for any reason, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may amount to be conditioned on Tenant using a contractor approved reimbursed by Landlord. Any costs of performing any roof work on behalf of Landlord to Tenant shall be done at Tenant’s sole cost which amount recalculated to reflect the fact that the Term has terminated on the effective date of such termination and Landlord shall be due and payable upon receipt of invoice from Landlord and shall be subject pay to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused on or prior to the roof effective date of such termination the difference between the amount payable by Tenant’s contractorLandlord to Tenant on account of the replacement, addition, alteration or improvement in question based upon the Term ending on such effective date of termination and the amount previously paid by Landlord to Tenant on account of such replacement, addition, alteration or improvement based upon the Term expiring at the end of the Initial Term or the Extended Term, as applicable.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly except as expressly provided in this Lease, Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises, (or any equipment therein), whether structural or nonstructural, all of which obligations are intended, as between Landlord and Tenant, to be those of Tenant. Tenant expressly waives the Operating Expenses benefit of any statute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of ’s expense or to terminate this Lease because of Landlord’s failure to keep the Premises in good order, condition and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractorsrepair. Additionally, in no event shall Landlord be responsible for alterations to the Building’s Structure required by applicable Law, which case Landlord alterations shall undertake such repairs be made by Tenant at Tenant’s its sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlordexpense. Landlord shall not have the obligation, at its sole cost and expense, to repair and replace the Building’s roof and Building Structure, including any repairs required to be responsible for repairing or maintaining any part made to the balance of the interior Premises caused by a failure of the Leased Premises that Building’s roof or Building’s Structure (collectively the “Landlord’s Obligations”). All repairs, replacements, maintenance, costs and expenses are to be made or borne by Tenant occupies including as its sole responsibility and at its sole cost and expense, except for any such costs or expenses associated with the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewithLandlord’s Obligations which shall be borne by Landlord at its sole cost and expense. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance comply with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractoradditional maintenance obligations described in Section 9(a).

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease, however at Lease Commencement Landlord shall deliver the Premises with all Building Systems, including HVAC, Elevator, Plumbing, Mechanical, Electrical (including panels and outlets), roof, exterior walls and doors, fire sprinklers, lighting, ceiling tiles, window coverings, and all clean-room related systems located on the pad or otherwise, as well as the parking area serving the Premises, in good repair and working order, and the Premises and Building shall be inspected and cleaned of all chemical or hazardous material contamination in accordance with all Laws (including the filing of closure applications, closure plans, and post closure reports, if applicable, and Chapter 17.68 of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) San Xxxx Code of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by LandlordOrdinances). Landlord shall provide Tenant with copies of all maintenance reports in Landlord’s possession relating to the maintenance of such systems in the past two (2) years. Additionally, Landlord, at Landlord’s cost, in response to any governmental orders or notices demanding correction, shall correct any components of the Building which do not comply with Laws currently applicable to the Building as of the date of this Lease; provided however, that Landlord shall have no obligation to correct, or improve or upgrade any components of the Building as a result of Tenant’s alterations or improvements to the Building or as a result of any specialized use or activity conducted within the Building by Tenant. Except as expressly set forth above or otherwise in this Section or elsewhere in this Lease, Tenant will be responsible for repairing or maintaining any part all maintenance of the interior Building and the Building Systems. Landlord’s maintenance obligations are limited to the obligations specifically set forth in this Section 6. Notwithstanding anything to the contrary contained herein, Landlord shall, in its reasonable discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its reasonable discretion, determine whether, and to the Leased extent, repairs or replacements are the appropriate remedial action). Subject to the obligations of Landlord to deliver the Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, including removal of all Hazardous Materials as required hereunder, Tenant shall be liable for any and all damage caused to hereby accepts the roof by Tenant’s contractorPremises in their “as-is” condition as of the date of this Lease.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, Landlord's maintenance obligations are limited to the replacement of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Building's Structure; Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing or (2) for alterations to the Building's Structure required by applicable law because of Tenant's use of the Leased Premises that Tenant occupies including the (which alterations shall be Tenant's responsibility). The Building's Structure does not include skylights, windows, glass or plate glass, doors or overhead doors, hardware, frames, hingesspecial fronts, or overhead roll-up door office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant. Landlord's liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the window glasscost of performing the work. Additionally, casingsLandlord shall maintain the parking areas, frames or any and other common areas of the appliances Building, including driveways, alleys, landscape and grounds surrounding the Premises and utility lines in a good condition, consistent with the operation of a bulk warehouse/industrial or appurtenances or service center facility, including maintenance, repair, and replacement of the exterior of the Building (including painting), landscaping sprinkler systems, and any attachment thereto or attachments to said building or Leased Premises used items normally associated with the foregoing. All costs in connection therewithperforming the work described in the foregoing sentence shall be included in Operating Costs. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall promptly notify Landlord in writing of any work required to be done performed under this Section 7, and Landlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice. Additionally, in no event shall Landlord be responsible for alterations to the Building's Structure required by applicable Law because of Tenant's use of the Premises (which alterations shall be made by Tenant at Tenant’s its sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration feeexpense). In accordance with this Lease, Tenant shall be liable for any and all damage caused Notwithstanding anything to the roof by Tenant’s contractorcontrary contained herein, Landlord shall, in its sole and reasonable discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole discretion, reasonably determine whether, and to the extent, repairs or replacements are the appropriate remedial action).

Landlord’s Maintenance Obligations. As part Landlord shall maintain in good condition and repair the structural components of the Operating Expenses LandlordBuilding and all other buildings within the Shopping Center (excluding other buildings located on ground lease parcels within the Shopping Center that are maintained by the tenant(s) thereunder), after receiving written notice from Tenant as defined in Paragraph 32(B) including without limitation, foundations, roofs, the exterior surfaces of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of all such buildings within the Leased PremisesShopping Center (but specifically excluding signage, unless damaged due doors, door frames, door checks, windows, window frames, mullion systems and, at Landlord’s election, storefronts and storefront awnings). The obligations described in the preceding sentence are referred to any act or omission as “Landlord’s Maintenance Obligations.” Except to the extent specifically excluded in Section 9.3 below, the cost of Tenant or TenantLandlord’s agentMaintenance Obligations will be included as Common Area Expenses, representativesprovided, employeeshowever, licensees, invitees or contractors, in which case Landlord Landlord’s Maintenance Obligations shall undertake such repairs at Tenant’s sole cost and expense not include and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord be solely responsible for the cost costs of all any repairs or replacements resulting from (i) Tenant’s negligence or willful acts, or those of anyone claiming under Tenant, or (ii) Tenant’s failure to observe or perform any condition or agreement contained in this Lease, or (iii) any alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Notwithstanding anything to the contrary contained in this Lease, Landlord will not be liable for failing to make any repairs required to be made by Landlord under this Lease unless Tenant has first delivered to Landlord Notice of the need for such repairs and all other losses incurred by LandlordLandlord has failed to commence and complete the repairs within a reasonable period of time following receipt of Tenant’s Notice. Landlord shall not be responsible for repairing or maintaining any part Tenant waives the provisions of Sections 1932(1),1941 and 1942 of the interior Civil Code of the Leased Premises that Tenant occupies including the doors, hardware, frames, hingesState of California, or overhead roll-up door of any similar, related or the window glass, casings, frames superseding provisions of Law which permit Tenant to make repairs at Landlord’s expense or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with terminate this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractor.

Landlord’s Maintenance Obligations. As part Except in the event of an emergency, if Resident has a request for repairs or service to the Premises, or for repairs or replacements of security devices, the request must be made in writing to Landlord. In case of malfunction of utilities or damage by fire, water, or similar cause, Resident must notify Landlord immediately. In case of malfunction of air conditioning or other equipment, Resident must notify Landlord in writing as soon as possible. Additionally, Resident is required to promptly notify Landlord in writing of: water leaks, electrical problems, carpet holes, broken glass, broken locks or latches, or any other condition which Resident reasonably believes poses a material hazard to health or safety. Once Landlord receives the notice, Xxxxxxxx will act with reasonable diligence in making repairs and reconnections. Resident may not stop paying rent or reduce the amount of the Operating Expenses rent payment due while Resident awaits Landlord’s completion of said repairs and reconnections, except to the extent expressly permitted by law. Landlord will be permitted to temporarily turn off equipment and interrupt utilities in order to avoid property damage or to perform work requiring such interruption as determined in Landlord’s sole judgment. Landlord will not be liable to Resident for any inconvenience, discomfort, disruptions, or interference with Resident’s use of the Premises due to making repairs, alterations or improvements to the Premises or the Community. If Resident requests any repairs, they will be performed during Landlord’s usual working hours. At Landlord’s election, Landlord can require Resident to either prepay or repay Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) 10 days after receipt of written notice from Landlord an invoice, for the cost of all such repairs and all other losses incurred made necessary by LandlordResident’s or Resident’s guest’s violation of this Lease. Landlord shall not be responsible for repairing This includes the negligent or maintaining careless use of the Premises or any part of the interior of Community, including without limitation, damage from waste water stoppages caused by foreign or improper objects in lines serving the Leased Premises that Tenant occupies including the bathroom, damages to furniture, appliances, doors, hardwarewindows or screens, framesdamage from window or doors left open, hingesand repairs or replacements to security devices necessitated by the misuse of, or overhead roll-up door damage to, the devices by Resident or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor TenantResident’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent guests (this includes damages that may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage have been caused to the roof Premises by TenantResident’s contractorRoommate(s) if Landlord cannot determine who is responsible). If Resident prepays the cost of repairs, any overpayment will be applied against any amount that Resident owes Landlord, and the remainder will be returned to Resident. If Resident’s prepayment was less than the cost incurred, Resident will pay Landlord that amount within ten (10) days after Landlord sends an invoice. Resident’s obligations to pay the charges described in this paragraph will survive after the termination of the Lease. All damages will be billed to Resident within 10 days.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, Landlord's maintenance obligations (other than those set forth in Section 7(a), if applicable) are limited to the repair, maintenance and replacement of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the Building's roof and the repair, maintenance and replacement of the foundation and structural members of exterior walls of (the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. "BUILDING'S STRUCTURE"); Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing, (2) for alterations to the Building's Structure required by applicable law because of Tenant's use of the Leased Premises that (which alterations shall be Tenant's responsibility), (3) any such work caused by Tenant's negligence or its failure to comply with the provisions of this Lease, or (4) any costs incurred by Landlord in connection with the repair, maintenance and/or replacement of the roof, which repair, maintenance and/or replacement costs shall be considered an Operating Cost and paid by Tenant occupies including the in accordance with Section 4 above. The Building's Structure does not include skylights, windows, glass or plate glass, doors, hardware, frames, hingesspecial fronts, or overhead rolloffice entries, all which shall be maintained by Tenant. Landlord's liability for any defects, repairs, replacements or maintenance for which Landlord specifically is responsible for under this Lease shall be limited to the cost of performing the work. Notwithstanding any provisions of this Lease to the contrary, Landlord may replace the roof and the roof membrane at any time, but shall be required to replace the roof and the roof membrane if the cost to repair the roof and the roof membrane over an aggregate twelve-up door or the window glass, casings, frames month period exceeds $30,000.00 provided that such repair work is not necessitated by either a catastrophic failure caused by severe weather events or any of the appliances act or appurtenances omission by or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of any Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractorParty.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, Landlord's maintenance obligations (other than those set forth in Section 7(a), if applicable) are limited to the repair, maintenance and replacement of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the Building's roof and the repair, maintenance and replacement of the foundation and structural members of exterior walls of (the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. "BUILDING'S STRUCTURE"); Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing, (2) for alterations to the Building's Structure required by applicable law because of Tenant's use of the Leased Premises that (which alterations shall be Tenant's responsibility), (3) any such work caused by Tenant's negligence or its failure to comply with the provisions of this Lease, or (4) any costs incurred by Landlord in connection with the repair, maintenance and/or replacement of the roof, which repair, maintenance and/or replacement costs shall be considered an Operating Cost and paid by Tenant occupies including the in accordance with Section 4 above. The Building's Structure does not include skylights, windows, glass or plate glass, doors, hardware, frames, hingesspecial fronts, or overhead rolloffice entries, all which shall be maintained by Tenant. Landlord's liability for any defects, repairs, replacements or maintenance for which Landlord specifically is responsible for under this Lease shall be limited to the cost of performing the work. Notwithstanding any provisions of this Lease to the contrary, Landlord may replace the roof and the roof membrane at any time, but shall be required to replace the roof and the roof membrane if the cost to repair the roof and the roof membrane over an aggregate twelve-up door or the window glass, casings, frames month period exceeds $30,000.00 provided that such repair work is not necessitated by either a catastrophic failure caused by severe weather events or any of the appliances act or appurtenances omission by or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of any Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent Party. 17 (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractor.c)

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, except for those items to be performed by Landlord as provided in Exhibit C-1 hereto, Landlord shall have no obligation, in any manner whatsoever, to pay for any repairs, maintenance or replacements to the Project, all of which shall be paid by Tenant. Notwithstanding the foregoing, Landlord shall pay for the replacements of the Operating Expenses Building’s Structure. The Building’s Structure does not include skylights, windows, glass or plate glass, doors or overhead doors, special fronts, or office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant. Landlord’s liability for any defects, after receiving written notice from Tenant as defined in Paragraph 32(B) of repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease and having reasonable opportunity thereafter shall be limited to obtain the necessary workmencost of performing the work, therefor agrees including (with respect to repair only the roof and the exterior walls that portion of the Leased Premisesresponsibilities allocated to Landlord under this Section 7) any replacement parts, unless damaged due and building materials and supplies. Tenant shall promptly notify Landlord in writing of any work required to any act or omission be performed under this Section 7. Additionally, in no event shall Landlord be responsible for alterations to the Building’s Structure required by applicable Law because of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in use of the Premises (which case Landlord alterations shall undertake such repairs be made by Tenant at Tenant’s its sole cost and expense and expense). In no event shall Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Landlord shall not be responsible for repairing additions or maintaining any part alterations to the Project which are required by Laws solely in order to permit a sale or transfer of the interior Project if Tenant would not otherwise be required by Laws to perform such additions or alterations to the Project. Notwithstanding anything to the contrary contained herein, Landlord shall, in its sole and absolute discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action). If Landlord fails to perform its obligations under this Section 7 or its obligations under Exhibit C-1 hereto, and such failure continues for 30 days following written notification thereof from Tenant to Landlord (or such longer period of time if Landlord commences to cure such failure within such 30-day period and thereafter diligently pursues the curing thereof to completion), and such failure materially adversely affects Tenant’s use of the Leased Premises Premises, then, unless there is good-faith dispute regarding such work (such as whether the obligation with respect to such work is properly allocable to Landlord or Tenant under this Lease), Tenant may perform such obligations and Landlord shall reimburse Tenant all actual third-party, out-of-pocket costs incurred by Tenant in connection with performing such obligations (the “Curative Costs”) within 30 days after Tenant delivers to Landlord written demand therefor, accompanied by invoices substantiating Tenant’s claim. Tenant’s right to perform the work under this Section 7 is subject to the following conditions: all such work shall be performed in a good and workmanlike manner, in accordance with all applicable Laws, and in a manner so as not to affect any existing warranties with respect to the Building’s Structure; all such work shall be performed in a manner so as not to adversely affect any portion of the Building’s Structure; and Tenant delivers to Landlord “as-built” plans of the work performed by Tenant. If Landlord fails to reimburse Tenant for such Curative Costs (unless the same is subject to a good-faith dispute between Landlord and Tenant) within 60 days after written demand therefor, then Tenant may send to Landlord a second notice that conspicuously states in bold, uppercase typeface that Tenant occupies including will be entitled to offset from Basic Rent the doors, hardware, frames, hinges, or overhead roll-up door or Curative Costs unless Landlord reimburses the window glass, casings, frames or any Curative Cost within 30 days from such notice. If Tenant delivers to Landlord such second notice satisfying the requirements of the appliances or appurtenances or any attachment thereto or attachments preceding sentence, Landlord fails to said building or Leased Premises used in connection therewith. Neither reimburse Tenant nor the Curative Costs within such additional 30 day period, and such Curative Costs are not subject to a good-faith dispute between Landlord and Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall have the right to offset such demanded amounts against the payments of Basic Rent thereafter due by Tenant to Landlord under this Lease until such amounts owing to Tenant are fully paid and reimbursed to Tenant (by such offset or otherwise), provided however that in no event shall any such offset amounts exceed fifty percent (50%) of each monthly installment of Basic Rent then due and payable, except that Tenant shall, as applicable, be done at Tenant’s sole cost which amount shall be entitled to offset against larger percentages of each such successive installment of such Basic Rent if the aforesaid fifty percent (50%) offset is insufficient to reimburse Tenant in full, taking into account the then-remaining number of installments of Basic Rent due and payable upon receipt of invoice from Landlord and by Tenant under the Lease, which larger percentage shall be subject the amount necessary so as to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall amortize the aggregate amount to be liable for any and all damage caused to the roof by Tenant’s contractoroffset over such then-remaining number of installments.

Landlord’s Maintenance Obligations. As part Landlord shall keep in good order, condition and repair the foundations, exterior walls (excluding the interior of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof all walls and the exterior walls or interior of any windows, doors, plate glass and display windows) and roof (excluding interior ceiling) of the Leased Premisesdemised premises, unless damaged due to except for any act damage thereto caused by any act, negligence or omission of Tenant, except for reasonable wear and tear, and except for any structural alterations or improvements required by any governmental agency by reason of Tenant's use and occupancy of the demised premises. Tenant or shall reimburse Landlord for Xxxxxx's pro rata share of the cost which Landlord incurs in performing its obligations as aforesaid, with respect to the building of which the demised premises are a part. Tenant’s agent's pro rata share shall be determined by multiplying the cost of such repair and maintenance by a fraction, representatives, employees, licensees, invitees or contractors, in the numerator of which case Landlord shall undertake such repairs at Tenant’s sole cost be the floor area of the demised premises and expense and the denominator of which shall be the total floor area of the building of which the demised premises are a part. Tenant shall pay its pro-rata share of such costs and expenses to Landlord within seven ten (710) business days after receipt of written notice from Landlord an invoice for the cost of all same from Landlord; provided, however, if Landlord reasonably anticipates incurring such repairs and all other losses incurred by Landlord. costs during any calendar year during the term of this lease, Landlord shall not be responsible for repairing or maintaining any part may submit monthly xxxxxxxx to Tenant of the interior amount which Landlord estimates to be Tenant's pro-rata share of the Leased Premises that Tenant occupies including the doorssame. In such event, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant 's actual share shall be done at Tenant’s sole cost which amount computed as aforesaid and appropriate adjustments shall be due made following completion of such maintenance and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractorrepair.

Landlord’s Maintenance Obligations. As part Landlord shall keep and maintain the roof over the Demised Premises and the structural portions of the Operating Expenses LandlordDemised Premises in good repair, after receiving written provided that Tenant shall give Landlord prior notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premisesnecessity for such repairs and further provided, unless damaged due to that any damage thereto shall not have been caused by any act or omission negligence of Tenant or Tenant’s agent, representatives, its employees, licenseesagents, invitees invitees, subtenants, assignees or contractors, contractors in which case event the cost of the repair of such damage shall be borne solely by Tenant. For purposes of this Section 10.1, “structural portions” of the Demised Premises shall consist only of the foundation and members supporting the roof but shall not include, by way of example, all interior partition walls, the interior side of the building perimeter walls, all doors, molding, window frames, trims, door frames and plate glass. Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord be responsible only for the cost of all such making repairs required of it hereunder and all shall not be liable for any special or other losses incurred damages related thereto. Landlord shall be responsible only for maintenance, repairs or improvements specifically provided for herein by Landlord. Tenant shall promptly give Landlord written notice of any damage to the Demised Premises requiring repair by Landlord. Landlord shall not be responsible liable for repairing or maintaining any part damages resulting from its failure to make repairs, unless such failure continues beyond a reasonable time after receipt of notice of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration feenecessity for such repairs. In accordance with this Lease, Tenant no event shall Landlord be liable for any and all damages resulting from any damage caused which Landlord is required to repair. Except as expressly set out in this Lease, Landlord shall have no obligation to repair, maintain, alter, replace, or modify the roof by Tenant’s contractorDemised Premises or any part thereof, or any plumbing, heating, electrical, air conditioning, or other mechanical installation therein, or serving same.

Landlord’s Maintenance Obligations. As part This Lease is intended to be a net lease; accordingly, Landlord’s maintenance obligations are limited to the replacement of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or TenantBuilding’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Structure; Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing or (2) alterations to the Building’s Structure required by applicable law because of Tenant’s use of the Leased Premises (which alterations shall be Tenant’s responsibility). The Building’s Structure does not include skylights, windows, glass or plate glass, doors or overhead doors, special fronts, or office entries, dock bumpers, dock plates or levelers, loading areas and docks, and loading dock equipment, all of which shall be maintained by Tenant. Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the cost of performing the work. Additionally, Landlord shall maintain the parking areas, and other common areas of the Building, including driveways, alleys, landscape and grounds surrounding the Premises and utility lines in a good condition, consistent with the operation of a general office, manufacturing, and warehouse facility, including the exterior of the Building (including painting), landscaping sprinkler systems, and any items normally associated with the foregoing. All costs in performing the work described in the foregoing sentence shall be included in Operating Costs. Tenant shall promptly notify Landlord in writing of any work required to be performed under this Section 7, and Landlord shall not be responsible for performing such work until Tenant delivers to Landlord such notice. Additionally, in no event shall Landlord be responsible for alterations to the Building’s Structure required by applicable Law because of Tenant’s use of the Premises (which alterations shall be made by Tenant at its sole cost and expense). Notwithstanding anything to the contrary contained herein, Landlord shall, in its sole and absolute discretion, determine the appropriate remedial action required of it to satisfy its maintenance obligations hereunder (e.g., Landlord shall, in its sole discretion, determine whether, and to the extent, repairs or replacements are the appropriate remedial action). Landlord acknowledges that the emergency generator that is currently located on the Project for providing electricity to the Building (the “Generator”) is Tenant’s property and that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any may remove and dispose of the appliances or appurtenances or Generator as it sees fit at termination of this Lease, provided Tenant shall, at its sole cost and expense, repair any attachment thereto or attachments damage to said building or Leased Premises used in connection therewith. Neither Tenant nor the Project caused by Tenant’s contractor removal of the Generator. Landlord shall cut, breach, modify, alter provide to Tenant any keys or otherwise affect codes that will enable Tenant to have access to the roof without fenced area where the prior written consent Generator is located at all times during the Term of Landlord, which consent this Lease. Tenant agrees that during the Term of this Lease the Generator may be conditioned on Tenant using a contractor approved by Landlordused to service the entire Building, and in consideration therefor the Landlord shall maintain the Generator in good working condition at all times (including keeping it fueled at not less than 50% fuel capacity at all times). Any All such costs of performing any roof work on behalf of maintaining the Generator shall be Operating Costs and Tenant shall be done at Tenant’s sole cost which amount pay its Proportionate Share of such costs pursuant to Section 4(b), above. Tenant shall be due and payable upon receipt insure the Generator against loss or destruction and, in the event of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Leaseloss or destruction of the Generator, Tenant shall be liable solely responsible for any and all damage caused providing a replacement Generator, which shall be the property of Tenant that it may remove on termination of this Lease, subject to the roof repair obligation set forth above, and Landlord shall provide all commercially reasonable assistance and cooperation that may be required for the installation of the replacement Generator, including modification, alteration, or reconfiguration of any wall, conduit, or wiring of the Building required to connect the replacement Generator to the automatic transfer switch for transferring the Building power source to the replacement Generator (the “ATS”), all at Landlord’s sole cost as maintenance of the Building’s Structure and not as an Operating Cost. Similarly, if the Generator ceases to operate due to any cause that is not covered by insurance, Tenant shall be solely responsible for providing a replacement Generator, which shall be the property of Tenant that it may remove on termination of this Lease, subject to the repair obligation set forth above, and Landlord shall provide all commercially reasonable assistance and cooperation that may be required for the installation of the replacement Generator, including modification, alteration, or reconfiguration of any wall, conduit, or wiring of the Building required to connect the replacement Generator to the ATS, all at Landlord’s sole cost as maintenance of the Building’s Structure and not as an Operating Cost. The Landlord’s Work shall include the installation of walls and access around the ATS so that the current location of the ATS becomes a common area accessible by Tenant at all times, and the common area for the ATS shall not be moved or relocated by Landlord without Tenant’s contractorprior written consent, which shall not be unreasonably withheld.

Landlord’s Maintenance Obligations. As part Subject to the provisions of Section 4(b), Landlord’s maintenance obligations are limited to the repair and replacement of the Operating Expenses LandlordBuilding’s Structure, after receiving written notice from Tenant as defined in Paragraph 32(Bthe Building’s Systems, including the three (3) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only one hundred twenty ton HVAC units on the roof and the exterior walls of the Leased PremisesBuilding, unless damaged due to any act or omission and maintenance and repair of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case the common areas of the Project (including parking areas and landscaping) and Landlord shall undertake such repairs at Tenantkeep the Building’s sole cost Structure and expense common areas of the Project in good order and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlordrepair. Landlord shall not be responsible for repairing or maintaining (1) any part such work until Tenant notifies Landlord of the interior need therefor in writing or (2) alterations to the Building’s Structure required by applicable law as a result of the Leased nature of Tenant’s use of the Premises (which alterations shall be Tenant’s responsibility). Further, at such time as Landlord determines that replacement of the Building roof is required, Landlord shall replace the roof at Landlord’s sole cost. Such roof replacement shall be coordinated with Tenant occupies including so as to minimize any disturbance of Tenant’s operations in the Building. The Building’s Structure does not include skylights, windows, glass or plate glass, doors, hardware, frames, hingesspecial fronts, or overhead roll-up door office entries, all of which shall be maintained by Tenant. Subject to the provisions of Section 4(b), Landlord’s liability for any defects, repairs, replacement or maintenance for which Landlord is specifically responsible for under this Lease shall be limited to the window glasscost of performing the work. Further, casingswithin twelve (12) months following the Commencement Date, frames or any Landlord shall, at its sole cost, slurry seal and restripe the parking area of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Project and install a handrail along the exterior ramp at the west side of the Building. Additionally, Landlord shall repair the defective leveling material on the second floor of the Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with Section 12 of Exhibit D attached hereto. Notwithstanding anything to the contrary contained in this Lease, Tenant Landlord shall have no obligations with respect to the maintenance, repair or replacement of Tenant’s Off-Premises Equipment, the Generator Space or the six (6) twenty ton HVAC units on the roof of the Building, which shall be liable for any and all damage caused to the roof by sole responsibility of Tenant’s contractor.

Landlord’s Maintenance Obligations. As part Except in the event of an emergency, if Resident has a request for repairs or service to the Premises, or for repairs or replacements of security devices, the request must be made in writing to Landlord. In case of malfunction of utilities or damage by fire, water, or similar cause, Resident must notify Landlord immediately. In case of malfunction of air conditioning or other equipment, Resident must notify Landlord in writing as soon as possible. Additionally, Resident is required to promptly notify Landlord in writing of: water leaks, electrical problems, carpet holes, broken glass, broken locks or latches, or any other condition which Resident reasonably believes poses a material hazard to health or safety. Once Landlord receives the notice, Landlord will act with reasonable diligence in making repairs and reconnections. Resident may not stop paying rent or reduce the amount of the Operating Expenses rent payment due while Resident awaits Landlord’s completion of said repairs and reconnections, except to the extent expressly permitted by law. Landlord will be permitted to temporarily turn off equipment and interrupt utilities in order to avoid property damage or to perform work requiring such interruption as determined in Landlord’s sole judgment. Landlord will not be liable to Resident for any inconvenience, discomfort, disruptions, or interference with Resident’s use of the Premises due to making repairs, alterations or improvements to the Premises or the Community. If Resident requests any repairs, they will be performed during Landlord’s usual working hours. At Landlord’s election, Landlord can require Resident to either prepay or repay Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) 10 days after receipt of written notice from Landlord an invoice, for the cost of all such repairs and all other losses incurred made necessary by LandlordResident’s or Resident’s guest’s violation of this Lease. Landlord shall not be responsible for repairing This includes the negligent or maintaining careless use of the Premises or any part of the interior of Community, including without limitation, damage from waste water stoppages caused by foreign or improper objects in lines serving the Leased Premises that Tenant occupies including the bathroom, damages to furniture, appliances, doors, hardwarewindows or screens, framesdamage from window or doors left open, hingesand repairs or replacements to security devices necessitated by the misuse of, or overhead roll-up door damage to, the devices by Resident or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor TenantResident’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent guests (this includes damages that may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage have been caused to the roof Premises by TenantResident’s contractorRoommate(s) if Landlord cannot determine who is responsible). If Resident prepays the cost of repairs, any overpayment will be applied against any amount that Resident owes Landlord, and the remainder will be returned to Resident. If Resident’s prepayment was less than the cost incurred, Resident will pay Landlord that amount within ten (10) days after Landlord sends an invoice. Resident’s obligations to pay the charges described in this paragraph will survive after the termination of the Lease. All damages will be billed to Resident within 10 days.

Landlord’s Maintenance Obligations. As part Landlord shall repair, replace and maintain in a first-class condition and operating order the structural portions of the Operating Expenses LandlordBuilding, after receiving written notice from Tenant as defined in Paragraph 32(B) including, without limitation, the foundation, floor slabs, Building skin and roof (not including the roof membrane), curtain wall (including gaskets and seals), exterior glass and mullions, columns, beams, shafts and stairwells (collectively, “Building Structure”), and all portions of the Project existing outside of the Building including, without limitation, the parking facilities, sidewalks, gutters, and landscaping and hardscaping; provided, however, for the purposes of this Lease and having reasonable opportunity thereafter to obtain Article 7, the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred by Landlord. Landlord Building Structure shall not be responsible for repairing apply to the extent of any Alteration or maintaining any part of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, other improvements thereto made by or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt under the terms of invoice from Landlord and shall be subject this Lease or the Original Lease. Notwithstanding anything in this Lease to a fifteen percent (15%) administration fee. In accordance with this Leasethe contrary, Tenant shall be liable required to repair the Building Structure to the extent caused due to Tenant’s use of the Premises for other than normal and customary implementation of the Permitted Use, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS Exception”). While Landlord shall perform all of such work allocated to Landlord under this Section 7.1 (collectively, the “LL Maintenance Obligations”), the reasonable, actual costs related to Landlord’s performance of reasonably required maintenance included with such LL Maintenance Obligations shall be included in Operating Expenses (except to the extent such costs are incurred for Non-Reimbursable Capital Improvements). Any entry of the Premises by Landlord in connection with the foregoing shall be done consistent with the terms of Article 27 of this Lease. Tenant acknowledges that, Tenant shall, at Tenant’s own expense, pursuant to the TCCs of this Lease, including, without limitation Article 6 and Article 8 hereof, remain responsible for the maintenance, repair and replacement of all of the remaining portions of the Building (i.e., the Building Structure).Except as specifically set forth in Section 7.2 of this Lease, below, Tenant hereby waives any and all damage caused to rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the roof by Tenant’s contractorCalifornia Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Maintenance Obligations. As part Landlord on behalf of Tenant and the other occupants of the Operating Expenses Landlord, after receiving written notice from Tenant as defined Building shall maintain in Paragraph 32(B) good condition and repair the foundations and exterior surfaces of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased PremisesBuilding (exclusive of doors, unless damaged due to door frames, door checks, windows, window frames, and store fronts); provided however if any act repairs or omission replacements are necessitated by the negligence, gross negligence, or willful acts of Tenant or anyone claiming under Tenant or by reason of Tenant’s agent's failure to observe or perform any provisions contained in this Lease or caused by alterations, representativesadditions or improvements made by Tenant or anyone claiming under Tenant, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) days after receipt of written notice from Landlord for the cost of all such repairs and all other losses incurred replacements shall be solely borne by Tenant. It is acknowledged by Tenant that the cost of Landlord's maintenance obligations referenced in the preceding sentence (excluding the costs of maintaining the structural portions of the walls and foundations of the Building) shall be paid by Tenant as Common Area Expenses, as defined herein. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be liable for failure to make repairs required to be made by Landlord under the provisions of this Lease unless Tenant has previously notified Landlord in writing of the need for such repairs and Landlord has failed to commence and complete the repairs within a reasonable period of time following receipt of Tenant's written not)fication. Tenant waives any right of offset against any rent due hereunder and agrees not to assert as an affirmative defense in any judicial proceeding or arbitration brought by Landlord against Tenant on claims made under this Lease any law permitting Tenant to make repairs at Landlord's expense. Landlord shall not be responsible for repairing required to furnish any services or maintaining facilities to, or make any part repairs to or replacements or alterations of the interior of the Leased Premises that Tenant occupies including the doorsdemised premises, hardwareexcept as such services, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage caused to the roof by Tenant’s contractor.facilities,

Landlord’s Maintenance Obligations. As part Subject to Article 16.1, Landlord shall keep and maintain in good and tenantable condition and repair and replace as necessary the roof, exterior walls, structural parts and structural floor of the Operating Expenses Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease Premises and having reasonable opportunity thereafter pipes and conduits outside the Premises used to obtain furnish to the necessary workmen, therefor agrees Premises various utilities (except to repair only the roof and extent that the exterior walls same are the obligation of the Leased Premisesappropriate public utility company); provided, unless damaged due however, that Landlord shall not be required to make (and Tenant shall make) any act repairs necessitated by reason of the negligence or omission willful misconduct of Tenant or Tenant’s agent, representativesits servants, employeesagents, licensees, invitees employees or contractors, or anyone claiming under Tenant, or by reason of the failure of Tenant to perform or observe any conditions or agreements contained in which case this Lease, or caused by alterations, additions or improvements made by Tenant or anyone claiming under Tenant. Notwithstanding anything to the contrary contained in this Lease, Landlord shall undertake not be liable to Tenant for failure to make repairs as herein specifically required unless Xxxxxx has previously notified Landlord, in writing, of the need for such repairs at and Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of Tenant’s sole cost notification, however, not later than 20 days from such notification; provided, however, that if such repairs cannot be completed within such 20 day period, then such greater period of time as may be required provided that Landlord has commenced such repairs and expense and is diligently pursuing same to completion. Tenant shall pay Tenant’s pro rata share of the cost of the repairs and replacements required by this Article 16.2 to Landlord beginning on the Commencement Date and thereafter on the first day of each calendar month in such amounts as Landlord shall from time to time estimate. In addition, Landlord’s maintenance expense shall include an amount payable to Landlord for the supervision, accounting, bookkeeping and collection of the maintenance expenses equal to ten percent (10%) of the total of the aforementioned expenses for each calendar year. Landlord shall deliver to Tenant at least once annually a statement setting forth the actual cost of such repair, maintenance and replacement allocable to the Premises together with the basis used by Landlord for computing same. If such actual expenses exceed Xxxxxx’s payments hereunder, Tenant shall pay the deficiency to Landlord within seven five (75) days after receipt of written notice from Landlord such statement. If payments made by Tenant for the cost of all such repairs and all other losses incurred by Landlord. Landlord shall not be responsible for repairing or maintaining any part of the interior of the Leased Premises that Tenant occupies including the doors, hardware, frames, hinges, or overhead roll-up door or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor Tenant’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Leaseyear exceed such actual expenses, Tenant shall be liable entitled to credit the excess against payments next thereafter to become due to Landlord for such expenses. Tenant waives the provisions of California Civil Code, Section 1942, if applicable, and the provisions of any and all damage caused similar statute affording Tenant a right to the roof by Tenantoffset Landlord’s contractorrepair obligations against Xxxxxx’s duty to pay rent hereunder. Under no circumstances shall Tenant be entitled to terminate this Lease as a result of Xxxxxxxx’s failure or alleged failure to make repairs hereunder.

Landlord’s Maintenance Obligations. As part Except in the event of an emergency, if Resident has a request for repairs or service to the Premises, or for repairs or replacements of security devices, the request must be made in writing to Landlord. In case of malfunction of utilities or damage by fire, water, or similar cause, Resident must notify Landlord immediately. In case of malfunction of air conditioning or other equipment, Resident must notify Landlord in writing as soon as possible. Additionally, Resident is required to promptly notify Landlord in writing of: water leaks, electrical problems, carpet holes, broken glass, broken locks or latches, or any other condition which Resident reasonably believes poses a material hazard to health or safety. Once Landlord receives the notice, Landlord will act with reasonable diligence in making repairs and reconnections. Resident may not stop paying rent or reduce the amount of the Operating Expenses rent payment due while Resident awaits Landlord’s completion of said repairs and reconnections, except to the extent expressly permitted by law. Landlord will be permitted to temporarily turn off equipment and interrupt utilities in order to avoid property damage or to perform work requiring such interruption as determined in Landlord’s sole judgment. Landlord w ill not be liable to Resident for any inconvenience, discomfort, disruptions, or interference with Resident’s use of the Premises due to making repairs, alterations or improvements to the Premises or the Community. If Resident requests any repairs, they wi ll be performed during Landlord’s usual working hours. At Landlord’s election, Landlord can require Resident to either prepay or repay Landlord, after receiving written notice from Tenant as defined in Paragraph 32(B) of this Lease and having reasonable opportunity thereafter to obtain the necessary workmen, therefor agrees to repair only the roof and the exterior walls of the Leased Premises, unless damaged due to any act or omission of Tenant or Tenant’s agent, representatives, employees, licensees, invitees or contractors, in which case Landlord shall undertake such repairs at Tenant’s sole cost and expense and Tenant shall pay Landlord within seven (7) 10 days after receipt of written notice from Landlord an invoice, for the cost of all such repairs and all other losses incurred made necessary by LandlordResident’s or Resident’s guest’s violation of this Lease. Landlord shall not be responsible for repairing This includes the negligent or maintaining careless use of the Premises or any part of the interior of Community, including without limitation, damage from waste water stoppages caused by foreign or improper objects in lines serving the Leased Premises that Tenant occupies including the bathroom, damages to furniture, appliances, doors, hardwarewindows or screens, framesdamage from window or doors left open, hingesand repairs or replacements to security devices necessitated by the misuse of, or overhead roll-up door damage to, the devices by Resident or the window glass, casings, frames or any of the appliances or appurtenances or any attachment thereto or attachments to said building or Leased Premises used in connection therewith. Neither Tenant nor TenantResident’s contractor shall cut, breach, modify, alter or otherwise affect the roof without the prior written consent of Landlord, which consent guests (this includes damages that may be conditioned on Tenant using a contractor approved by Landlord. Any costs of performing any roof work on behalf of Tenant shall be done at Tenant’s sole cost which amount shall be due and payable upon receipt of invoice from Landlord and shall be subject to a fifteen percent (15%) administration fee. In accordance with this Lease, Tenant shall be liable for any and all damage have been caused to the roof Premises by TenantResident’s contractorRoommate(s) if Landlord cannot determine who is responsible). If Resident prepays the cost of repairs, any overpayment will be applied against any amount that Resident owes Landlord, and the remainder will be returned to Resident. If Resident’s prepayment was less than the cost incurred, Resident will pay Landlord that amount within ten (10) days after Landlord sends an invoice. Resident’s obligations to pay the charges described in this paragraph will survive after the termination of the Lease. All damages will be billed to Resident within 10 days. MAINTENANCE EMERGENCIES. Service requests will be handled after office hours if they are emergencies. After business hours, emergency service requests can be reported by calling the office. The on-duty service technician will be notified and will respond as quickly as possible. Emergency maintenance requests include but are not limited to the following: • No hot water or running water in the Premises • No heat or air-conditioning when outside temperatures are less than 50 degrees or higher than 80 degrees • Electrical or gas failure of any nature • Stopped up toilet if only one is available in the Premises • Water problems such as leaks, severe back-ups, or broken pipes • Any unsecured apartment entry • Fire (call 911 immediately) RIGHT OF ACCESS. Landlord shall have right of access to the Premises with 24-hour advance written notice or consent from at least one of the residents for inspection and maintenance during reasonable hours. In case of an emergency, Landlord may enter at any time to protect life and prevent damage to the Premises. Landlord will be conducting periodic inspections and visitations for the purposes of pest control, preventative maintenance, repairs, and inspections of property.