Common use of Landlord’s Obligation Clause in Contracts

Landlord’s Obligation. Landlord shall, at all times during the Term, maintain in good condition and repair: (i) the exterior and structural parts of the Building (including the foundation, subflooring, load-bearing and exterior walls, and roof); (ii) the Common Areas; and (iii) the electrical and plumbing systems located outside the Premises which service the Building. Landlord shall hire a licensed heating, ventilating and air conditioning contractor to regularly, and periodically inspect (not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises (including the HVAC units in the computer room) and the cost thereof shall be treated as a Project Maintenance Cost (except to the extent the cost thereof is not included in the calculation of Project Maintenance Costs as described in clauses (a) through (g) of Section 13.12 below). Additionally, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain in good operating condition and repair such Common HVAC equipment and systems. The provisions of this Section 5.2B shall in no way limit the right of Landlord to charge to tenants of the Project, as Additional Rent pursuant to Article 3, the costs incurred by Landlord in making such repairs and/or performing such maintenance to the extent such costs are properly included as Project Maintenance Costs under this Lease. Notwithstanding anything in this Lease to the contrary, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, (c) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project as of the Lease Commencement Date (except as may be attributable to Tenant during its early occupancy period), (d) for which Landlord has a right of reimbursement from others, (e) to any portion of the Building that is outside of the demising walls of the Premises and inside another tenant's leased premises, (f) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood that such costs shall be amortized over the useful life of the capital item in question and such amortized costs included in Project Maintenance Costs as described in Section 13.12 below). In performing all repair and maintenance, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's business operations at the Premises.

Landlord’s Obligation. Landlord shall, at all times during the Lease Term, maintain in good condition and repair, and at its sole cost and expense except as hereinafter provided: (i) the exterior load-bearing walls (excluding paint, caulking, and sealant), foundation, and structural parts elements of the roof and slab, of the Building, and (ii) the surface elements of the roof of the Building (including i.e., the foundationroof membrane), subflooring, load-bearing and exterior walls, and roof); (ii) the Common Areas; and (iii) the electrical and plumbing systems located outside the Premises which service utility mains servicing the Building, including sewer lines and electrical service exterior to the Building, (iv) exterior portions of Building Systems (excluding HVAC), and (v) all of the Outside Areas, including the parking lot surfaces, landscaping and all outdoor facilities. Landlord shall hire a licensed heating, ventilating and air conditioning contractor to regularly, regularly and periodically inspect sweep and clean the driveways and parking areas. The costs incurred by Landlord for maintenance, repair, or replacement of the elements set forth in clause (i) above shall not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises (including the HVAC units in the computer room) and the cost thereof shall be treated as a Project Maintenance Cost (passed through to Tenant except to the extent necessitated by uninsured damage caused by the cost thereof is not included in negligence or willful misconduct of Tenant or any of the calculation of Project Maintenance Costs as described in clauses (a) through (g) of Section 13.12 below)Tenant Parties. AdditionallyIn addition, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain in good operating condition and repair such Common HVAC equipment and systems. The provisions of this Section 5.2B subparagraph (b) shall in no way limit the right of Landlord to charge to tenants of the ProjectTenant, as Additional Rent pursuant to Article 3, the costs incurred by Landlord in making the maintenance, repair, or replacement of the elements set forth in clauses (ii) through (v) above. Landlord shall maintain the Property in accordance with the Operating Standards (as defined below). In the event Tenant does not elect to hire a contractor under clauses (x) and (y) of Paragraph 5.1(a) above, Landlord may hire any such repairs and/or performing such maintenance to the extent such costs are properly included as Project Maintenance Costs under this Leasecontractor. Notwithstanding anything to the contrary contained in this Lease, if, at any time during the Lease to Term, the contraryrepair costs for (A) the HVAC units, Landlord shall perform and construct(B) the roof and/or the roof membrane, and Tenant shall have no responsibility to perform or construct, (C) any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, (c) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project as of the Lease Commencement Date (except as may be attributable to Tenant during its early occupancy period), (d) for which Landlord has a right of reimbursement from others, (e) to any portion passenger elevators of the Building that is outside meets or exceeds or are anticipated to meet or exceed fifty percent (50%) of the demising walls estimated replacement cost of such items (A) through (C), respectively, then Landlord shall agree to replace such items pursuant to this Paragraph 5.1(b). If the Premises foregoing sentence is satisfied, then Landlord shall promptly engage a licensed contractor to replace such items necessary for the safe and inside another tenant's leased premises110015197v.8 efficient use of such items (A) through (C) at Landlord’s cost, (f) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood provided that such costs shall be amortized over the estimated useful life of such replacements (as determined in accordance with generally accepted accounting principles consistently applied) with interest at the capital item Standard Rate and apportioned to Tenant to be reimbursed to Landlord over such remainder of the Term of this Lease as Property Maintenance Costs. If Landlord shall fail to perform any required maintenance or fail to make repairs or replacements required of it pursuant to this paragraph within thirty (30) days following notice from Tenant to do so (or within a reasonable amount of time in question the event of any emergency, which may be less than 24 hours’ notice), then unless Landlord objects in writing to the need or responsibility for such maintenance or repair (except in the event of any emergency), Tenant may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law, perform such amortized maintenance or make such repair or replacements and all costs included incurred by Tenant in Project Maintenance Costs as described in Section 13.12 below)connection therewith shall be reimbursed by Landlord within thirty (30) days after Tenant’s demand for same. In performing all repair and maintenance, the event Landlord shall use commercially reasonable efforts fail to avoid reimburse such costs in accordance with the preceding sentence, Tenant may offset such amount against Rent under this Lease, on the condition that in no event shall any unreasonable interference with Tenant's business operations at single offset amount exceed 40% of the PremisesBase Monthly Rent, it being agreed that Tenant may continue to offset on a monthly basis until the full amount has been exhausted.

Landlord’s Obligation. Landlord shall, at all times during the Lease Term, maintain in good condition and repair: (i) repair the exterior and structural parts of the Building (including Common Areas, the foundation, subflooringslabs, roof structure and membrane, curtain walls and load-bearing and exterior wallswalls of the Building, and roof(i) HVAC equipment (except as described in clause (vi) of Paragraph 5.1(a) above); , and (ii) plumbing, pipes, and drains, to the Common Areas; extent the items described in clauses (i) and (iii) ii), serve both the electrical Leased Premises and plumbing systems located outside other portions of the Premises which service the BuildingProperty. Landlord shall may hire a licensed heating, ventilating and air conditioning HVAC contractor to regularly, regularly and periodically inspect (not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning HVAC equipment and systems serving the Leased Premises and/or the Building. Landlord may also hire a licensed roofing contractor to regularly and periodically inspect and perform required maintenance on the roof of the Building. Landlord shall keep the Common Areas in a clean condition. Landlord shall regularly and periodically sweep and clean the driveways and parking areas. Unless necessitated by the acts or omissions of Tenant or any of the Tenant Parties (including the HVAC units in the computer room) and the cost thereof shall be treated as a Project Maintenance Cost (except subject to the extent the cost thereof is not included in the calculation terms of Project Maintenance Costs as described in clauses (a) through (g) of Section 13.12 Paragraph 9.3 below). Additionally, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain make any necessary (x) structural repairs or structural replacements to the Leased Premises and (y) repairs or replacements to (i) any fire alarm and communication system in good operating condition the Leased Premises installed by Landlord, (ii) the electrical, plumbing, and repair such Common HVAC equipment mechanical portions of the Warm Shell Components as defined in the Work Letter), (iii) the Building elevator(s) except during any period that Tenant is leasing the entire rentable square footage of the Building, and systems(iv) any sprinkler system installed by Landlord in the Leased Premises; if any of the foregoing are necessitated by the acts or negligent or wrongful omissions of Tenant or any of the Tenant Parties (subject to Paragraph 9.3 below), Tenant shall reimburse to Landlord, within thirty (30) days after receipt of the applicable invoices, the cost incurred by Landlord in connection therewith. The provisions of this Section 5.2B subparagraph (b) shall in no way limit the right of Landlord to charge to tenants of the ProjectTenant, as Additional Building D Rent pursuant to Article 3, the costs incurred by Landlord in performing such maintenance and/or inspections, and/or in making such repairs and/or performing such maintenance or replacements; provided, however, that (1) Tenant shall not be responsible for any capital repairs or replacements costing over $10,000 individually, which are incurred by Landlord during the initial, unextended Lease Term, except to the extent such costs capital repairs or replacements are properly included as Project Maintenance Costs under necessitated by Tenant’s breach of this Lease. Notwithstanding anything ), and (2) with respect to capital repairs or replacements costing less than $10,000 individually during the initial, unextended Lease Term, Tenant shall pay the full amount thereof until in this Lease to any twelve (12) month period Tenant has paid $50,000 on such capital repairs or replacements, and thereafter for the contrarybalance of such twelve (12) month period, Landlord shall perform pay for such capital repairs or replacements and constructthe cost incurred by Landlord, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, (c) required as including interest at a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project as of the Lease Commencement Date (except as may be attributable to Tenant during its early occupancy period), (d) for which Landlord has a right of reimbursement from others, (e) to any portion of the Building that is outside of the demising walls of the Premises and inside another tenant's leased premises, (f) rate equal to the heatingStandard Interest Rate, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood that such costs shall be amortized by Landlord over the useful life of such capital repairs or replacements, as determined in accordance with generally accepted accounting principles, and the monthly amortized cost of such capital item in question repairs or replacements as so amortized shall be considered a Property Maintenance Cost. The entire foregoing proviso shall expire and such amortized costs included in Project Maintenance Costs as described in Section 13.12 belowbe of no further force or effect after the initial unextended Lease Term has expired (i.e., it shall not be applicable during any extension periods). In performing all repair and maintenance, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's business operations at the Premises.

Landlord’s Obligation. (1) Subject to the provisions of Article Eight (Damage or Destruction) and Article Nine (Condemnation) and except for damage causes by any act or omission of Tenant, Landlord shall keep the roof, skylight, foundation, structural components and the structural portions of exterior walls of the Demised Premises in good order, condition and repair. Landlord shall not be obligated to maintain or repair windows, doors, overhead doors, plate glass or the surfaces of walls. In addition, if any repairs are required to be made by Landlord, Tenant shall, at all times during Tenant's sole cost and expense, promptly remove Tenant's furnishings, fixtures, inventory, equipment and other property, to the Termextent required to enable Landlord to make repairs. Landlord's liability under this Section shall be limited to the cost of those repairs or corrections. (2) Notwithstanding anything to the contrary contained herein, maintain in good condition and repair: Landlord, at Landlord's expense, shall on or before the Commencement Date (i) replace the exterior roof where necessary so as to cause the roof to be water tight and structural parts of the Building (including the foundation, subflooring, load-bearing and exterior walls, and roof)in good repair; (ii) install, in a good and workmanlike manner, 80 tons of new air conditioning units in the Common Areasproduction area; (iii) if said 80 tons are not sufficient to keep the production area at least 25 degrees cooler than the outside temperature throughout 1997, install all additional tonnage as required to meet such temperatures (but not in excess of twenty additional tons); and (iiiiv) place the existing HVAC, plumbing and electrical and plumbing systems located outside the Premises which service the Buildingin good working order. Landlord shall hire a licensed heating, ventilating and air conditioning contractor to regularly, and periodically inspect (not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises (including warrant that the HVAC units system in the computer room) and the cost thereof shall Office be treated as a Project Maintenance Cost (except to the extent the cost thereof is not included in the calculation of Project Maintenance Costs as described in clauses (a) through (g) of Section 13.12 below). Additionally, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain in good operating condition and repair such Common HVAC equipment and systems. The provisions of this Section 5.2B shall in no way limit for twelve months following the right of Landlord to charge to tenants of the Project, as Additional Rent pursuant to Article 3, the costs incurred by Landlord in making such repairs and/or performing such maintenance to the extent such costs are properly included as Project Maintenance Costs under this Lease. Notwithstanding anything in this Lease to the contrary, Landlord shall perform and construct, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, (c) required as a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project as of the Lease Commencement Date (except as may be attributable to Tenant during its early occupancy period), (d) for which Landlord has a right of reimbursement from others, (e) to any portion of the Building that is outside of the demising walls of the Premises and inside another tenant's leased premises, (f) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood that such costs shall be amortized over the useful life of the capital item in question and such amortized costs included in Project Maintenance Costs as described in Section 13.12 below). In performing all repair and maintenance, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's business operations at the PremisesDate.

Landlord’s Obligation. Landlord shall, at all times during the Lease Term, maintain in good condition and repair: (i) repair the exterior and structural parts of the Building (including Common Areas, the foundation, subflooringslabs, roof structure and membrane, curtain walls and load-bearing and exterior wallswalls of the Building, and roof(i) HVAC equipment (except as described in clause (vi) of Paragraph 5.1(a) above); , and (ii) plumbing, pipes, and drains, to the Common Areas; extent the items described in clauses (i) and (iii) ii), serve both the electrical Leased Premises and plumbing systems located outside other portions of the Premises which service the BuildingProperty. Landlord shall may hire a licensed heating, ventilating and air conditioning HVAC contractor to regularly, regularly and periodically inspect (not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning HVAC equipment and systems serving the Leased Premises and/or the Building. Landlord may also hire a licensed roofing contractor to regularly and periodically inspect and perform required maintenance on the roof of the Building. Landlord shall keep the Common Areas in a clean condition. Landlord shall regularly and periodically sweep and clean the driveways and parking areas. Unless necessitated by the acts or omissions of Tenant or any of the Tenant Parties (including the HVAC units in the computer room) and the cost thereof shall be treated as a Project Maintenance Cost (except subject to the extent the cost thereof is not included in the calculation terms of Project Maintenance Costs as described in clauses (a) through (g) of Section 13.12 Paragraph 9.3 below). Additionally, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain make any necessary (x) structural repairs or structural replacements to the Leased Premises and (y) repairs or replacements to (i) any fire alarm and communication system in good operating condition the Leased Premises installed by Landlord, (ii) the electrical, plumbing, and repair such Common HVAC equipment mechanical portions of the Warm Shell Components as defined in the Work Letter), (iii) the Building elevator(s) except during any period that Tenant is leasing the entire rentable square footage of the Building, and systems(iv) any sprinkler system installed by Landlord in the Leased Premises; if any of the foregoing are necessitated by the acts or negligent or wrongful omissions of Tenant or any of the Tenant Parties (subject to Paragraph 9.3 below), Tenant shall reimburse to Landlord, within thirty (30) days after receipt of the applicable invoices, the cost incurred by Landlord in connection therewith. The provisions of this Section 5.2B subparagraph (b) shall in no way limit the right of Landlord to charge to tenants of the ProjectTenant, as Additional Rent pursuant to Article 3, the costs incurred by Landlord in performing such maintenance and/or inspections, and/or in making such repairs and/or performing such maintenance or replacements; provided, however, that (1) Tenant shall not be responsible for any capital repairs or replacements costing over $10,000 individually, which are incurred by Landlord during the initial, unextended Lease Term, except to the extent such costs capital repairs or replacements are properly included as Project Maintenance Costs under necessitated by Tenant’s breach of this Lease. Notwithstanding anything ), and (2) with respect to capital repairs or replacements costing less than $10,000 individually during the initial, unextended Lease Term, Tenant shall pay the full amount thereof until in this Lease to any twelve (12) month period Tenant has paid $50,000 on such capital repairs or replacements, and thereafter for the contrarybalance of such twelve (12) month period, Landlord shall perform pay for such capital repairs or replacements and constructthe cost incurred by Landlord, and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the acts or omissions of Landlord or any other occupant of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise of the power of eminent domain, (c) required as including interest at a consequence of any violation of any Laws or construction defects in the Premises, the Building or the Project as of the Lease Commencement Date (except as may be attributable to Tenant during its early occupancy period), (d) for which Landlord has a right of reimbursement from others, (e) to any portion of the Building that is outside of the demising walls of the Premises and inside another tenant's leased premises, (f) rate equal to the heatingStandard Interest Rate, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood that such costs shall be amortized by Landlord over the useful life of such capital Building C repairs or replacements, as determined in accordance with generally accepted accounting principles, and the monthly amortized cost of such capital item in question repairs or replacements as so amortized shall be considered a Property Maintenance Cost. The entire foregoing proviso shall expire and such amortized costs included in Project Maintenance Costs as described in Section 13.12 belowbe of no further force or effect after the initial unextended Lease Term has expired (i.e., it shall not be applicable during any extension periods). In performing all repair and maintenance, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's business operations at the Premises.

Landlord’s Obligation. Notwithstanding Paragraph 5.1(a) above: (i) Landlord shall, at all times during the Lease Term and at its sole cost and expense, maintain in good condition and repair the foundation and structural support system of Building 2, the Building 2 roof structure (excluding membrane), the exterior load-bearing walls of Building 2 (excluding paint and sealant), and the structural portions of the Building 2 underground parking garage. (ii) Landlord shall, at all times during the Lease Term, maintain in good condition and repair: repair (i) the exterior and structural parts of the Building (including the foundation, subflooring, load-bearing and exterior walls, and roof); (iiA) the Common Areas; Areas which are proximate to Building 2, (B) the Building 2 roof membrane, and (iiiC) the electrical Building 2 elevator, HVAC, electrical, water, sewer, and plumbing systems located outside the Premises which service the Building. installed by Landlord shall hire a licensed heatingoriginally as part of Landlord’s Base Building Work, ventilating and air conditioning contractor to regularly, and periodically inspect (not less frequently than every three (3) months) and perform required maintenance on the heating, ventilating and air conditioning equipment and systems serving the Premises (including the HVAC units as more fully described in the computer room) and the cost thereof shall be treated as a Project Maintenance Cost (except Schedule A-1 to the extent the cost thereof is not included in the calculation of Project Maintenance Costs as described in clauses Work Letter (a) through (g) of Section 13.12 belowand any modifications, repairs, replacements and upgrades thereto). Additionally, to the extent that the Building contains central heating, ventilating and/or air conditioning systems located outside the Premises that are designed to service, and are then servicing, more than a single tenant within the Building ("Common HVAC"), Landlord shall maintain in good operating condition and repair such Common HVAC equipment and systems. The provisions of this Section 5.2B subparagraph (ii) shall in no way limit the right of Landlord to charge to tenants of the ProjectTenant, as Additional Rent pursuant to Article 33 and Paragraph 13.12(c), the costs incurred by Landlord in making such repairs and/or performing such maintenance and/or making such repairs; provided, however, that in the event of such a repair or replacement which is anticipated to cost in excess of $100,000, Landlord agrees to notify Tenant prior to signing a contract with respect to such repairs or replacements, to cause the contract for such repair or replacement to be competitively bid by at least three qualified bidders as determined and selected by Landlord, and to award the contract to the extent such costs are properly included as Project Maintenance Costs under this Lease. lowest of the three bidders. (iii) Notwithstanding anything any provision in this Lease to the contrary, if Landlord shall perform fail to commence any repair obligations required under Paragraphs 5.1(b)(i) and construct5.1(b)(ii) above within ten (10) business days following Tenant’s written request for such repairs and thereafter complete such repairs with commercially reasonable due diligence, or if Applovin Corporation (or an assignee of its rights and obligations under this Lease who is also a Permitted Transferee as defined in Paragraph 7.2(a) below) is the Tenant hereunder and leases 100% of the Building and Landlord shall fail to commence any emergency repairs (i.e., repairs required to avoid imminent injury or damage or cessation of business) within three (3) business days following written notice from Tenant and thereafter complete such repairs with commercially reasonable due diligence, then Tenant may elect to make such repairs at Landlord’s expense by complying with the following provisions of this Paragraph 5.1(b)(iii). Before making any such repair, and following the expiration of the applicable period set forth above, Tenant shall deliver to Landlord a notice for the need for such repair (“Self-Help Notice”), which notice shall specifically advise Landlord that Tenant intends to exercise its self-help right hereunder. Should Landlord fail, within five (5) business days following receipt of the Self-Help Notice (or within two (2) business days following written notice in the event of necessary emergency repairs), to commence the necessary repair (or to make other reasonable arrangements), then Tenant shall have no responsibility the right to make such repair on behalf of Landlord so long as such repair is performed in strict compliance with all Laws and Restrictions. Landlord agrees that Tenant will have access to the Building 2 systems and structure to the extent necessary to perform the work contemplated by this Paragraph. In the event Tenant properly takes such action in accordance with this Paragraph 5.1(b)(iii), and such work will affect the Building structure and/or the Building systems, Tenant shall use only those contractors used or constructreasonably approved by Landlord in Building 2 for work on such structure or systems unless such contractors are unwilling or unable to immediately perform, any repairor timely and competitively perform, maintenance or improvements (a) necessitated by such work, in which event Tenant may utilize the acts or omissions services of Landlord or any other occupant qualified contractor which normally and regularly performs similar work in comparable buildings in the area of the Project, or their respective agents, employees, contractors or invitees, (b) occasioned by fire, acts of God or other casualty or by the exercise Property. Tenant shall provide Landlord with a reasonably detailed invoice together with reasonable supporting evidence of the power costs reasonably and actually incurred in performing such repairs. Landlord shall either reimburse Tenant for the reasonable costs of eminent domain, such repairs within thirty (c30) required as days following receipt of Tenant’s invoice for such costs or deliver a consequence of any violation of any Laws or construction defects in written objection stating with specificity the Premises, the Building reasons Landlord disputes Tenant’s actions or the Project as costs incurred. If Landlord fails to either pay Tenant’s invoice within such thirty (30) day period or deliver a written objection, Tenant shall have the right to offset such costs against Base Monthly Rent next coming due under this Lease, in an amount each month not to exceed 25% of each payment of Base Monthly Rent, until fully paid; provided, however, that if such 25% limitation would result in Tenant not receiving full reimbursement prior to the end of the Lease Commencement Date Term, then such limitation shall be increased to an amount sufficient to fully reimburse Tenant by the end of the Lease Term. If Landlord delivers to Tenant, within thirty (except 30) days, a written objection to the payment of such invoice, setting forth Landlord’s reasons for its claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease or that the charges are excessive (in which case Landlord shall pay the amount it contends would not have been excessive if the only objection is to the costs incurred), then Tenant shall not be entitled to offset any amount from rent, but as Tenant’s sole remedy, the dispute shall be resolved by arbitration pursuant to Paragraph 5.1(b)(iv) below. If Tenant prevails in the arbitration, the amount of the award shall include interest at the Standard Interest Rate (from the time of each expenditure by Tenant until the date Tenant receives such amount by payment or offset) and reasonable attorneys’ fees and related costs. If Landlord fails to pay the amount of the award within thirty (30) days from the date of the award, the amount of the award, plus interest at the Default Interest Rate, may be attributable deducted by Tenant from the Base Monthly Rent payments next due and owing under the Lease, in an amount each month not to exceed 25% of each payment of Base Monthly Rent, until fully paid; provided, however, that if such 25% limitation would result in Tenant during its early occupancy period)not receiving full reimbursement prior to the end of the Lease Term, then such limitation shall be increased to an amount sufficient to fully reimburse Tenant by the end of the Lease Term. Tenant shall be responsible for obtaining any necessary governmental permits before commencing the repair work. Tenant shall be liable for any damage, loss or injury resulting from said work. If Landlord prevails in the arbitration, the amount of the award shall include reasonable attorneys’ fees and related costs and shall be deemed Additional Rent hereunder due and owing no later than three (d3) for which Landlord has a right business days after the date of reimbursement from othersthe award. (iv) Any dispute or claim under Paragraph 5.1(b)(iii) will be finally settled by binding arbitration in San Francisco, (e) California, in accordance with the rules of the JAMS by one arbitrator appointed in accordance with said rules. The arbitrator shall apply California law, without reference to rules of conflicts of law or rules of statutory arbitration, to the resolution of any dispute. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any portion court of the Building that is outside competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this paragraph, without breach of the demising walls of the Premises and inside another tenant's leased premises, (f) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises; and (g) that result in costs that should be properly capitalized under generally accepted accounting principles (it being understood that such costs shall be amortized over the useful life of the capital item in question and such amortized costs included in Project Maintenance Costs as described in Section 13.12 below). In performing all repair and maintenance, Landlord shall use commercially reasonable efforts to avoid any unreasonable interference with Tenant's business operations at the Premisesthis arbitration provision.