Common use of Landlord’s Repairs Clause in Contracts

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but not including any non-base building facilities installed by or on behalf of Tenant); provided, however, if such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Leasebelow, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning HVAC and electrical systems installed or furnished by Landlord (but serving the Building and not including any non-base building facilities installed by or on behalf of Tenant)located in and exclusively serving the Premises; provided, however, if to the extent such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable cost of such maintenance and repairs. Moreover, 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 of Landlord, (b) for which Landlord has a right of reimbursement from others, and (c) to any portion of the Building outside of the demising walls of the Premises, and the common areas of the Project. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's Xxxxxx’s business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Leasebelow, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning HVAC and electrical systems installed or furnished by Landlord (but serving the Building and not including any non-base building facilities installed by or on behalf of Tenant)located in and exclusively serving the Premises; provided, however, if to the extent such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable cost of such maintenance and repairs. Moreover, 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 of Landlord, (b) for which Landlord has a right of reimbursement from others, and (c) to any portion of the Building outside of the demising walls of the Premises, and the common areas of the Project. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 8.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 Article 12 and 12 Article 13 of this Lease, Landlord shall maintain and repair (including performing such replacements as are necessary) the Systems and maintain Equipment, the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but not including any non-base building facilities installed by or on behalf of Tenant)Common Area; provided, however, if such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant Tenant, its Representatives or its agents, servants, contractors, assignees, subtenants, employees or inviteesVisitors, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for repairs plus an unreasonable time after written notice administrative fee of ten percent (10%) of the need cost of such repairs or maintenance is given to Landlord by Tenantand repairs. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. The costs incurred by Landlord in performing its obligations under this Section 8.1 shall be included in Operating Expenses to the extent permitted by Article 4. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect. Tenant hereby waives and releases any right to terminate this Lease under Section 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained Landlord shall cause to be kept, maintained and preserved in first-class condition and repair, the roof, structure and foundation, integrated Building utility and mechanical systems, parking facilities and other Project Common Areas, the costs of which, subject to limitations set forth in Section 7.1 above to the contrary notwithstanding4.4 above, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but not including any non-base building facilities installed by or on behalf of Tenant)be included in Operating Expenses; provided, however, if that to the extent such maintenance and/or repair work is (i) attributable to items installed in the Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and repairs appliances constructed or installed within the Premises), (ii) attributable to the installation, as a part of Tenant's Alterations or Tenant's trade fixtures, of items which are caused less than first-class in part quality, workmanship or in whole manner of installation, and/or (iii) necessitated by the act, neglect, fault negligence or willful misconduct of or omission Tenant and/or any of any duty by Tenant or its Tenant's subtenants and/or assignees and/or their respective agents, servantsemployees, contractorsrepresentatives, assigneeslicensees, subtenants, employees or contractors and/or invitees, then Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and and/or repairs. Landlord shall not be liable for any failure Subject to make any such repairsthe provisions of Section 5.3 above and Articles 10 and 12 below, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There there shall be no abatement of rent Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building Project or the Premises or in or to fixtures, appurtenances and equipment therein; provided, that, Landlord shall use commercially reasonable efforts to minimize interference with the operation of Tenant's business in making of such any repairs, alterations or improvements. Tenant hereby waives and releases its any right which Tenant may have to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including, without limitation, Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect).

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Leasebelow, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning HVAC and electrical systems installed or furnished by Landlord (but serving the Building and not including any nonlocated in the Premises and 4845-base building facilities installed by or on behalf 8006-8327.4 374622.00156/6-30-21/MLT/bp -20- GENESIS XXXXXXXXX AT 5510 [Kura Oncology, Inc.] the common areas of Tenant)the Project in good, first-class condition; provided, however, if to the extent such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of and access to the Premises in so making any repairs. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord shall repair and maintain in good condition the structural portions of the Building, the roof (structure and the roof membrane), foundation. The cost of such repairs such repairs and maintenance shall be included in Operating Expenses, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but not including any non-base building facilities installed by or on behalf Tenant shall pay Tenant’s Share of Tenant)such costs; provided, however, if such maintenance and repairs are caused required in part or in whole by the act, excess or nonstandard usage, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable entire cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building Real Property or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant shall give Landlord prompt written notice of any defect or need of repairs or maintenance for which Landlord is responsible. Landlord shall have a reasonable time after receipt of such notice the right to enter the Premises at all reasonable times to perform such repair and maintenance. Landlord’s liability with respect to any defects, repairs, or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance, subject to Landlord’s right to include such costs in Operating Expenses. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; Code or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but serving the Building and not including any non-base building facilities installed by or on behalf of Tenant)located in the Premises; provided, however, if to the extent such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairsrepairs (but only to the extent such cost is not covered by Landlord’s insurance obtained pursuant to Section 10.2 of this Lease). Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to minimize unreasonable interference with Tenant’s use and occupancy of the Premises in connection with Landlord’s performance of any such repairs or maintenance as provided in this Section 7.2.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord (and not Tenant) shall repair and maintain the structural portions of the BuildingProject and Building (including, roof (structure without limitation, the foundation, structural walls and membranethe structural portions of the roof), foundationat Landlord’s sole cost. In addition, Landlord shall repair, maintain and replace, the HVAC system, all life safety systems, all underground utility facilities and systems, and Systems all utility facilities and Equipment including without limitation systems to the basic plumbingextent located outside of the Premises, heating, ventilating, air conditioning and electrical systems installed or furnished the cost thereof shall be reimbursable to Landlord by Tenant as an Operating Expense. Landlord (but not including shall also maintain and repair the roof membrane and any non-base building facilities installed by or on behalf structural elements of Tenant); provided, however, if such maintenance and repairs are caused in part or in whole by the act, neglect, fault roof of or omission of any duty by Tenant or its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentthe Building, the reasonable parking areas, driveways, patios and the landscaping on the Real Property, and the cost of such maintenance and repairs. Landlord thereof shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given reimbursable to Landlord by TenantTenant as an Operating Expense. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building Real Property or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant shall give Landlord written notice of any defect or need of repairs or maintenance for which Landlord is responsible. Landlord shall have a reasonable time after receipt of such notice the right to enter the Premises at all reasonable times to perform such repair and maintenance. Tenant hereby waives and releases its right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; Code or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Leasebelow, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning HVAC and electrical systems installed or furnished by Landlord (but serving the Building and not including any non-base building facilities installed by or on behalf of Tenant)located in and exclusively serving the Premises; provided, however, if to the extent such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rentAdditional Rent, the reasonable cost of such maintenance and repairs. Moreover, 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 of Landlord, (b) for which Landlord has a right of reimbursement from others, and (c) to any portion of the Building outside of the demising walls of the Premises, and the common areas of the Project. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexProject, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to the provisions of Articles 11 and 12 of this Lease, Landlord shall repair and maintain the structural portions of the Building, roof (structure and membrane), foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord serving the Building and not located in the Premises, and including the semi-private elevator serving the Premises (but not including any non-base building facilities installed by or on behalf of Tenantexcluding Systems and Equipment serving only the Premises, to the extent located within the Premises); provided, however, if such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or Tenant, its agents, servants, contractors, assignees, subtenants, employees or invitees, Tenant shall pay to Landlord as additional rent, the reasonable cost of such maintenance and repairs. Except as otherwise specifically set forth in Section 6.6 (Abatement of Rent When Tenant Is Prevented From Using Premises) above, and further subject to the terms of Section 10.4 (Subrogation) below, Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist persists for an unreasonable time after written Landlord is provided notice of the need of for such repairs or maintenance is given to Landlord by Tenantmaintenance. There shall be no abatement of rent (except as otherwise specifically set forth in Section 6.6 above) and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the ComplexReal Property, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, or ordinance now or hereafter in effect.. [FINAL EXECUTION COPY]SMRH:478611488.18 -18- 600 B STREETMitek Systems, Inc. 92917 35XW-244846

Landlord’s Repairs. Anything contained in Section 7.1 above to the contrary notwithstanding, and subject to Notwithstanding the provisions of Articles 11 and 12 of this LeaseSection 12.1 hereinabove, Landlord shall shall, subject to Tenant’s reimbursement as provided in Section 7.2(a)(2)(i), repair and maintain the structural portions of the Building, roof (structure including the exterior walls and membrane)roof, foundation, and Systems and Equipment including without limitation the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord (but not including any non-base building facilities installed by or on behalf of Tenant); provided, however, if unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant or the Tenant, its agents, servants, contractorsemployees, assignees, subtenants, employees or invitees, or any damage caused by breaking and entering, in which case Tenant shall pay to Landlord as additional rent, the reasonable actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs, repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's ’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Complex, the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its the right to make repairs at Landlord's ’s expense under Sections 1941 and 1942 of the California Civil Code; or under any similar law, statute, statutes or ordinance now or hereafter in effect. Landlord may, at Landlord’s election, provide, through a third party vendor, regular inspections and periodic maintenance but not repairs for HVAC. Any repairs to the HVAC system shall be the Tenant’s responsibility pursuant to Article 12.1 above. The cost of said inspections and maintenance provided by the Landlord shall be paid by the Tenant as an adjustment pursuant to Article 7.2.