Common use of LESSEE’S RESPONSIBILITIES Clause in Contracts

LESSEE’S RESPONSIBILITIES. (1) As of the Lease Commencement Date, Lessor represents and warrants that the roof, HVAC, lighting system, plumbing, electrical and other systems, dock doors and hardware shall be in good operating condition. Lessor warrants that to the best of its actual knowledge, without duty of investigation, that the improvement in the Premises comply with the building codes applicable laws, covenant or restrictions of record, regulations, and ordinances (the “Applicable Requirements”) that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee’s use, or to any alteration made or to be made by Lessee. In the event that it is determined that this warranty has been violated, Lessee shall notify Lessor in writing of the specific item or items which are not in good operating condition or which have not been substantially completed. In such event after receipt of Lessee’s notice, it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease Commencement Date to Lessee shall cause the conclusive presumption that Lessor has complied with all of Lessor's warranty stated in this subparagraph and its obligations hereunder. If Lessee notifies Lessor of a violation of the warranty stated in this paragraph, as to the item specified in Lessee’s notice to Lessor, the warranty shall exist for a period of fifteen (15) days following the date on which Lessor completes the repair to the item. Lessee’s failure to give written notice to Lessor within said fifteen (15) day period that the item repaired is not repaired and its condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided herein, on the Lease Commencement Date, Lessee shall accept the Premises as being in the condition in which Lessor is obligated to deliver them. Lessee shall, at all times during the term hereof, and at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear, damage by fire, earthquake, or act of God excepted, Lessee hereby waiving all rights to make repairs at the expense of Lessor or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Said obligation on the part of Lessee includes, but is not limited to, maintaining, repairing and/or replacing internal columns, windows, fixtures, ballasts, lamps, roll-up doors, and the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises). (2) Lessee shall at the end of the term of this Lease or any extension thereof, surrender to Lessor the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment upon termination of the Lease, so long as Lessee repairs any damage caused thereby to the Premises. Except as provided in Subparagraph B, below, Lessor has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor to Lessee, except as specifically herein set forth. (3) Commencing on the Lease Commencement Date, Lessee shall pay to Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costs.

LESSEE’S RESPONSIBILITIES. (1) As of the Lease Commencement Date, Lessor represents and warrants that the roof, HVAC, lighting system, plumbing, electrical and other systems, dock doors and hardware A. Lessee shall be in good operating condition. Lessor warrants that to the best of its actual knowledge, without duty of investigation, that the improvement in the Premises comply with the building codes applicable laws, covenant or restrictions of record, regulations, and ordinances (the “Applicable Requirements”) that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or provide any similar laws as a result of additional temporary restrooms facilities needed during Lessee’s use, or to any alteration made or to be made by Lesseespecial events. In the event that it is determined that this warranty has been violatedpermanent restroom facilities are installed as an improvement, Lessee shall notify Lessor maintain restrooms in writing of a clean, attractive and safe condition. B. Lessee agrees that it shall use the specific item or items which are not Property solely for a public Regional Archery Facility as described in good operating condition or which have not been substantially completedSection One above. In such the event after receipt that the Lessee ceases to use the Property for that purpose, Lessor shall automatically terminate this Agreement upon giving written notice to Lessee. Should Lessor terminate the Agreement with Lessee for failure of LesseeLessee to use the above-described Property as a public Regional Archery Facility, any leasehold improvements placed upon the Property by Lessee shall revert to Lessor for Lessor’s noticeuse. C. Lessee agrees that prior to any construction, design, redesign, extension or placement of improvements or personal property on the above-described Property , it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice provide to Lessor a copy of all plans for such construction, design, extension, placement or modification(s), which Lessor shall within thirty (30) days after the Lease Commencement Date receipt notify Lessee of its approval or disapproval of the plans. Any construction, design, redesign, extension, placement of or modification(s) to improvements shall be in accordance with the provisions of the Regional Archery Facility Master Plan and the Park District 2A Master Plan. Beyond this requirement, approval by Lessor shall not be unreasonably withheld. D. Lessee shall cause abide by all applicable County and State laws and regulations, and shall secure all required permits and/or licenses, as affects the conclusive presumption that operation and development of the Property and Regional Archery Facility. E. Lessee hereby assigns to Lessor has complied with all of Lessor's warranty stated its rights, title and interest to all donated or grant purchased equipment and/or capital items, previously obtained or obtained in this subparagraph and its obligations hereunder. If the future, where Lessee notifies Lessor of a violation has solicited the donations and/or grants on behalf of the warranty stated Regional Archery Facility. The equipment and/or capital items shall be the property of Lessor and remain within the possession of the Lessor for use at a Regional Archery Facility. F. Lessee agrees to maintain the entire above-described Property in this paragrapha clean, as to the item specified in Lessee’s notice to Lessorsafe, the warranty shall exist for a period of fifteen (15) days following the date on which Lessor completes the repair to the item. Lessee’s failure to give written notice to Lessor within said fifteen (15) day period that the item repaired is not repaired environmentally-sound and its attractive condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided herein, on the Lease Commencement Date, Lessee shall accept the Premises as being in the condition in which Lessor is obligated to deliver them. Lessee shall, at all times during the term hereof, and at Lessee's sole cost and expense, keep the Premises and every part thereof further maintain in good condition and repair, ordinary wear and tear, damage by fire, earthquake, repair any buildings or act of God excepted, Lessee hereby waiving all rights to make repairs at the expense of Lessor improvements now existing or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Said obligation newly constructed on the part of Lessee includes, but is not limited to, maintaining, repairing and/or replacing internal columns, windows, fixtures, ballasts, lamps, roll-up doors, and the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises). (2) Lessee shall at the end of property during the term of this Lease Agreement and any extensions or renewals thereto. G. Lessee shall maintain the Property and all features in a safe operating manner and in compliance with standards and guidelines established by National Field Archery Association, International Bowhunters Education Foundation and National Recreation and Park Association. H. Lessee shall be solely responsible for providing the necessary support for its activities, including staffing requirements, first aid, materials, supplies, and equipment. I. Lessee shall be solely responsible for any advertising or promotion of its activities, provided that any advertising or promotion shall refer to the facility as owned and managed by Washoe County Regional Parks and Open Space (Lessor). J. Lessee agrees to provide sufficient advertising and promotion as to adequately notice the public concerning its activities. K. Lessee agrees to promote and maintain an active, working relationship with the Xxxx Xxxxxxxx 0X (Xxxxx Xxxxxxx) community. L. Lessee agrees to report any damage or safety hazards within 24 hours to Lessor. M. Lessee shall provide reports of any injuries, and remedy thereof, to the Lessor within 24- hours via fax, email, or telephone. N. Lessee agrees that proceeds from user fees charged for all Lessee's functions shall be used and allocated for improvements, alterations, changes and repairs of the Property and Improvements thereon. Lessee guarantees that the money allocated for the Property and Improvements shall not be less that TWO THOUSAND DOLLARS ($2,000) per year. If Lessee's user fee proceeds are less than $2,000 in one year, Lessee agrees to provide the difference between $2,000 and the user fee proceeds, which is to be used and allocated for improvements, alterations, changes, and repairs of the Property and Improvements thereon. Lessee shall have sole responsibility for administering and allocating all disbursements for improvements, alterations, changes and repairs of the Property and Improvements thereon. However, Lessee must have Lessor's prior written approval for any improvement to the Property costing more than $1,000. Lessee shall submit to Lessor on an annual basis, a fiscal report on all user fee charges and receipts, and all allocations utilized for improvements, alterations, changes and repairs of the Property. O. Approval by Lessor and a signed Volunteer Use Agreement shall be obtained prior to the commencement of any volunteer projects at the Facility. P. Lessee shall obtain permission from Lessor prior to scheduling any evening activities involving overhead lighting. Q. Lessee shall maintain any amplified sound at a level not to exceed the maximum decibel level prescribed by Lessor. R. Lessee shall prepare an Emergency Action Plan (EAP) prior to the initial commencement of league use or any extension thereofspecial events. EAP to be reviewed and approved by Lessor. Both parties annually to review and evaluate its effectiveness, surrender making changes as deemed necessary. S. Lessee shall follow the Regional Archery Facility Master Plan, adopted by the Board of County Commissioners on July 13, 2021. T. Lessee shall permit Lessor or its authorized agents to enter into and upon the Property at all reasonable times for the purpose of inspecting the same, or for the purpose of making repairs or maintaining the Property and any improvements located thereon. U. Lessor reserves the right from time to time at its own expense to make such improvements, alterations, renovations, changes, and repairs in and about the Property as Lessor shall deem desirable. Except where such improvements, alterations, changes and repairs unreasonably disrupt Lessee’s use and peaceful enjoyment of the Property, Lessee shall make no claim against Lessor for abatement of rent, if any, for interference with Lessee’s leasehold interest or for loss or damage to its business during such improvements, alterations, renovations, changes and repairs. V. The erection, construction, installation, placement or making of any approved improvements shall be accomplished and completed in a workmanlike manner and in compliance with all applicable state, county and municipal laws and regulations. W. Lessee shall keep the Property and any improvements thereon free from any liens arising out of any work performed, or materials furnished, or obligations incurred by Lessee. X. Lessee shall be solely responsible for all utilities, telephone, cable and fiber optic service costs and charges for installation of equipment and establishment of initial service and for ongoing monthly service charges for equipment, fees, line, undergrounding, connection and toll charges or any charges thereto specifically requested by Lessee. Lessee shall apply for service and pay directly to utility suppliers any costs and charges for such utilities, telephone, cable and fiber optic services. In no event shall Lessor be responsible for any interruption, fluctuation, or failure in supply of any utilities, telephone, cable and fiber optic services to the Property. Additionally, it is mutually understood and agreed that Lessor shall not be liable for damages, by abatement of rent, if any, for failure to provide or for delay in providing these services. In the event of substantial interruption or unavailability of any utilities, the Lessor, at its sole discretion, may agree to cooperate with Lessee and the other users in the repair or remedy of such substantial interruption or unavailability of utilities, or Lessor may terminate this Agreement and require Lessee to vacate the Property. Without penalty to Lessor the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment upon termination of the Lease, so long as Lessee repairs any damage caused thereby to the Premises. Except as provided in Subparagraph B, below, Lessor has no obligation and has made no promise to alter, remodel, improve, repair, decorate reimbursement or paint the Premises or any part thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor offset to Lessee, except as specifically herein set forth. (3) Commencing on the Lease Commencement Date, and Lessee shall pay to hold Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costsharmless.

LESSEE’S RESPONSIBILITIES. Lessee Agrees: (1a) As Not to take or disturb any fur bearing animals on the premises, except where a permit to do so has been secured from the Wyoming Game and Fish Commission and consent thereto has also been obtained from the Office of State Lands and Investments. (b) To observe all state and federal laws and regulations for the Lease Commencement Dateprotection of fish and wildlife. (c) Not to cut, Lessor represents and warrants destroy or remove, or permit to be cut, destroyed or removed, any timber that may be upon the roof, HVAC, lighting system, plumbing, electrical and other systems, dock doors and hardware premises. The Lessee shall be in good operating condition. Lessor warrants that promptly report to the best Lessor the cutting or removal of its actual knowledge, without duty timber by other persons. (d) To maintain all improvements located on the premises in a good state of investigation, that the improvement in the Premises comply with the building codes applicable laws, covenant or restrictions of record, regulations, and ordinances (the “Applicable Requirements”) that were in effect repair at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee Lessee's expense. (e) Noxious weeds and pests will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee’s use, or to any alteration made or to be made controlled by Lessee. In Lessee may work in conjunction with County Weed and Pest Control Districts to develop projects to be submitted to the event that it is determined that this warranty has been violatedOffice of State Lands and Investments for reimbursement of certain costs of eradication of weeds and pests on state lands. Cost estimates must be submitted by County Weed and Pest Districts and approved by the Office to be eligible for reimbursement. Subject to funding availability, Lessee shall notify Lessor in writing the total cost of the specific item project will be reimbursed for leafy spurge infestations, for all other noxious weeds and pests, the cost of materials only. Lessee of state lands shall pay the cost of application or items which are other control measures. (f) To dispose of all waste in a proper manner and not in good operating condition to allow debris, garbage, contaminates or which have not been substantially completedother refuse to accumulate on the leased premises. In such event after receipt of Lessee’s noticeAny landfill or open dump operated by the Lessee on the leased premises, it shall must be permitted by the obligation of Lessor, after receipt of written notice from Lessee setting forth Board and must comply with specificity State law and the nature rules and regulations of the violationDepartment of Environmental Quality. Any landfill, open dump, accumulation of debris, garbage, contaminants or refuse of any kind which the Lessee placed, or allowed to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease Commencement Date to Lessee shall cause the conclusive presumption that Lessor has complied with all of Lessor's warranty stated in this subparagraph and its obligations hereunder. If Lessee notifies Lessor of a violation of the warranty stated in this paragraph, as to the item specified in Lessee’s notice to Lessor, the warranty shall exist for a period of fifteen (15) days following the date on which Lessor completes the repair to the item. Lessee’s failure to give written notice to Lessor within said fifteen (15) day period that the item repaired is not repaired and its condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided hereinbe placed, on the Lease Commencement Dateleased premises, Lessee shall accept and which has not been authorized by the Premises as being in Board, must be removed at the condition in which Lessor is obligated to deliver themLessee’s expense. Lessee shallfurther agrees that the Lessor shall have the right to remove debris, at all times during the term hereofgarbage, and at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear, damage by fire, earthquakecontaminants, or act of God excepted, other refuse which the Lessee hereby waiving all rights to make repairs at the expense of Lessor or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Said obligation placed on the part of Lessee includes, but is not limited to, maintaining, repairing and/or replacing internal columns, windows, fixtures, ballasts, lamps, roll-up doors, premises and collect the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age cost of such portion removal from the Lessee. The Lessee further agrees to document and report, as soon as possible, to the Office any unauthorized dumping of debris, garbage, contaminants, or other refuse on the Premises)leased premises, by parties other than the Lessee, so that appropriate investigation and corrective measures can be taken by the Lessor. (2g) Lessee shall at restore the end of the term of this Lease or any extension thereof, surrender leased premises to Lessor the Premises and all alterations, additions and improvements thereto in the same as near its original condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment possible upon termination of the Lease, so long as Lessee repairs any damage caused thereby to the Premises. Except as provided in Subparagraph B, below, Lessor has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises this lease or any part renewal thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor to Lessee, except as specifically herein set forth. (3i) Commencing Lessee shall provide proper signage identifying the special use lease number on the Lease Commencement Date, site (j) Lessee shall pay manage the entire Pilot Hill property (as owned by both the Lessor and the University of Wyoming) as a single integrated public recreation unit. (k) Lessee shall not allow activity that could be reasonably likely to Lessor Lessee's Percentage Share cause pollution of Common Area Maintenance the ground water. (l) Lessee shall not allow activity that will cause objectionable noises, smoke or odors. (m) Lessee shall maintain as much of the leased area as is reasonable in its current natural state, consistent with allowing public access to non-motorized recreation on the leased area. Reasonable motorized access for necessary activities including law enforcement, maintenance, and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costsemergency access to authorized personnel shall be permitted.

LESSEE’S RESPONSIBILITIES. (1) As X. Xxxxxx agrees to maintain the Leased Premises on the Airport in a safe, clean, and orderly condition at all times. Lessee is responsible for all damages to Leased Premises caused by employees, agents, customers or invitees of Lessee excepting normal wear and tear. Lessee shall maintain its Leased Space in the Rental Car Parking Lot and the Rental Car Service Lot in a clean and orderly condition at all times, free of litter, debris, refuse, petroleum products or grease that may result from activities of its employees, agents, invitees or customers, and remove all significant oil and grease spillage which is attributable to Lessee’s rental car vehicles. Lessee is expressly prohibited from storage of any of its personal property, other than vehicles, outside of the Lease Commencement Dateinterior of its leased Counter, Office, or Rental Car Service Lot premises without express written permission of Lessor. If Lessee fails to perform its obligations under this Section, Lessor represents may do so after providing reasonable notice and warrants shall recover its entire cost plus a 10% administrative charge from Lessee as additional rent on the next rent date. Lessor shall be responsible, at no charge to Lessee, for snow removal and general pavement maintenance in the Rental Car Parking Lot, provided that the roofscheduling of, HVAC, lighting system, plumbing, electrical and other systems, dock doors and hardware priorities regarding such maintenance operations shall be in good operating conditionas determined by Lessor. Lessor warrants that to Notwithstanding the best foregoing, if the level of its actual knowledge, without duty of investigation, that the improvement in the Premises comply with the building codes applicable laws, covenant or restrictions of record, regulations, and ordinances (the “Applicable Requirements”) that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lesseesnow accumulation inhibits Xxxxxx’s use, or to any alteration made or to be made by Lessee. In the event that it is determined that this warranty has been violatedoperations, Lessee shall notify Lessor have the right to contract for snow removal, in writing of the specific item or items which are not in good operating condition or which have not been substantially completed. In such event after receipt of Lessee’s noticeRental Car Parking Lot, it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptlya third party, at Lessor's sole cost’s expense, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after with prior approval from the Lease Commencement Date to Lessor. B. Lessee shall cause immediately repair, at its sole expense, any damage in or on its Leased Premises or in any other space at the conclusive presumption Airport occasioned by the fault or negligence of Lessee, its servants, agents, employees or licensees. X. Xxxxxx expressly agrees that Lessor has complied shall not be liable to Lessee, its employees, servants, agents, or business visitors with all of Lessor's warranty stated in this subparagraph and its obligations hereunder. If Lessee notifies Lessor of a violation of the warranty stated in this paragraphXxxxxx, as for personal injury or for any loss or damage to the item specified in Lessee’s notice to Lessorreal or personal property occasioned by flood, the warranty shall exist for a period of fifteen (15) days following the date on which Lessor completes the repair to the item. Lessee’s failure to give written notice to Lessor within said fifteen (15) day period that the item repaired is not repaired and its condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided herein, on the Lease Commencement Date, Lessee shall accept the Premises as being in the condition in which Lessor is obligated to deliver them. Lessee shall, at all times during the term hereof, and at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear, damage by fire, earthquake, or act of God exceptedlightning, Lessee hereby waiving all rights to make repairs at the expense of Lessor or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other lawwindstorm, statute or ordinance now or hereafter in effect. Said obligation on the part of Lessee includeshail, but is not limited toexplosion, maintainingriot, repairing and/or replacing internal columnsstrike, windowscivil commotion, fixturesaircraft, ballastsvehicles, lampssmoke, roll-up doorsvandalism, and the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises). (2) Lessee shall at the end of the term of this Lease or any extension thereof, surrender to Lessor the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquakemalicious mischief, or act acts of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment upon termination of the Lease, so long as Lessee repairs any damage caused thereby to the Premises. Except as provided in Subparagraph B, below, Lessor has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor to Lessee, except as specifically herein set forthcivil authority. (3) Commencing on the Lease Commencement Date, Lessee shall pay to Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costs.

LESSEE’S RESPONSIBILITIES. (1) As of Lessee hereby accepts the Lease Premises in its present condition, and agrees to maintain the Premises in the same condition as exists on the Commencement Date, Lessor represents except for reasonable wear and warrants that tear. Except as provided in Article 12.B., Lessee shall keep the roofPremises in good, HVACtenantable, lighting systemuseable condition throughout the Lease Term, plumbingand without limiting the generality thereof, electrical shall: 1) Maintain the Premises in a safe and neat manner, free from garbage, debris, or other systemsunsightly or unsanitary waste matter (whether solid or liquid). All garbage, dock doors and hardware debris, or other waste matter temporarily stored in the open shall be kept in good operating conditionsuitable garbage and waste receptacles. Lessor warrants that to the best Lessee shall use extreme care when performing removal activities of its actual knowledge, without duty of investigation, that the improvement all such waste matter and shall conduct such removal activities in the Premises comply accordance with the building codes all applicable laws, covenant or restrictions of recordordinances, rules, regulations, and ordinances (procedures. 2) Replace all light bulbs and filters of any window air conditioning units on the “Applicable Requirements”Premises. 3) that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put Maintain the Premises, modifications which may be required including both the interior and exterior, in a good state of repair (excepting those responsibilities of Lessor as set forth in Article 12.B. hereof), and maintain the Premises in a clean, orderly and safe condition so as to avoid injury to persons and property. 4) Repair all damage to the Premises (including, but not limited to, any fencing, gates, lighting, or pavement) caused by any act, omission, negligence, or misconduct on the Americans with Disabilities Act or any similar laws as a result part of Lessee’s use, its employees, agents, contractors, or to any alteration made or to be made by Lessee. In the event that it is determined that this warranty has been violatedinvitees, Lessee shall notify Lessor in writing of the specific item or items which are not in good operating condition or which have not been substantially completed. In such event after receipt of Lessee’s notice, it shall be the obligation of Lessor, after receipt of written notice from Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) calendar days after the Lease Commencement Date to Lessee shall cause the conclusive presumption that Lessor has complied with all of Lessor's warranty stated in this subparagraph and its obligations hereunder. If Lessee notifies Lessor of a violation date of the warranty stated Port Department's written notice. In the event Lessee fails in any material respect (i) to commence to maintain, clean, repair, replace, rebuild, or paint on or before the thirtieth (30th) calendar day after the date of written notice from the Port Department is sent, or (ii) to continue to completion in a diligent manner the maintenance, repair, replacement, rebuilding, or painting of the Premises required to be maintained, repaired, replaced, rebuilt, or painted under the terms of this paragraphLease, as then Lessor may, at its option, and in addition to any other remedies, which may be available to it, immediately commence to maintain, repair, replace, rebuild, or paint all or any part of the item specified Premises included in Lessee’s said notice to Lessor, and the warranty cost thereof shall exist for a period of be payable by Lessee within fifteen (15) calendar days following the date on which Lessor completes the repair to the item. Lessee’s failure to give after written notice to Lessor within said fifteen (15) day period that the item repaired demand therefor is not repaired and its condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided herein, on the Lease Commencement Date, Lessee shall accept the Premises as being in the condition in which Lessor is obligated to deliver them. Lessee shall, at all times during the term hereof, and at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear, damage by fire, earthquake, or act of God excepted, Lessee hereby waiving all rights to make repairs at the expense of Lessor or in lieu thereof to vacate the Premises as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Said obligation on the part of Lessee includes, but is not limited to, maintaining, repairing and/or replacing internal columns, windows, fixtures, ballasts, lamps, roll-up doors, and the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises)sent. (2) Lessee shall at the end of the term of this Lease or any extension thereof, surrender to Lessor the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment upon termination of the Lease, so long as Lessee repairs any damage caused thereby to the Premises. Except as provided in Subparagraph B, below, Lessor has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor to Lessee, except as specifically herein set forth. (3) Commencing on the Lease Commencement Date, Lessee shall pay to Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from Lessor of Lessee's Percentage Share of said costs.

LESSEE’S RESPONSIBILITIES. (1) As At its own expense, Lessee will procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required for Lessee's use of the Lease Commencement Date, Lessor represents and warrants that the roof, HVAC, lighting system, plumbing, electrical and other systems, dock doors and hardware shall be in good operating conditionPremises. Lessor warrants that Lessee will not cause or permit any Hazardous Substance (excluding those incidental to the best of its actual knowledge, without duty of investigation, that the improvement in the Premises comply with the building codes applicable laws, covenant or restrictions of record, regulations, and ordinances (the “Applicable Requirements”) that were in effect at the time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result ordinary course of Lessee’s use, operations or to any alteration made or the completion of alterations, changes and improvements to the Premises) to be made brought upon, kept or used in or about the Premises by Lessee. In , its agents, employees, contractors or invitees without the event that it is determined that this warranty has been violated, Lessee shall notify Lessor in writing of the specific item or items which are not in good operating condition or which have not been substantially completed. In such event after receipt of Lessee’s notice, it shall be the obligation prior written consent of Lessor, after receipt of written notice from . Lessee setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation. Lessee's failure to give such written notice to Lessor within thirty (30) days after the Lease Commencement Date to Lessee shall will cause the conclusive presumption that Lessor has complied with any and all of Lessor's warranty stated in this subparagraph and its obligations hereunder. If Lessee notifies Lessor of a violation of the warranty stated in this paragraph, as to the item specified in Lessee’s notice to Lessor, the warranty shall exist for a period of fifteen (15) days following the date on which Lessor completes the repair to the item. Lessee’s failure to give written notice to Lessor within said fifteen (15) day period that the item repaired is not repaired and its condition violates the warranty described in this subparagraph shall cause the conclusive presumption that Lessor has complied with all of Lessor’s obligations with respect to the condition of that item. Except as specifically provided herein, on the Lease Commencement Date, Lessee shall accept Hazardous Substances brought upon the Premises as being in the condition in which Lessor is obligated by Lessee to deliver them. Lessee shall, at all times during the term hereof, and at Lessee's sole cost and expense, keep be removed from the Premises and every part thereof transported solely by duly licensed haulers to duly licensed facilities for final disposal of such materials and wastes. Lessee will, in good condition all respects, handle, treat, deal with and repairmanage any and all Hazardous Substances in, ordinary wear and tearon, damage by fire, earthquake, under or act of God excepted, Lessee hereby waiving all rights to make repairs at the expense of Lessor or in lieu thereof to vacate about the Premises as provided by California Civil Code Section 1942 or any other law, statute or ordinance now or hereafter in effect. Said obligation on the part of Lessee includes, but is not limited to, maintaining, repairing and/or replacing internal columns, windows, fixtures, ballasts, lamps, roll-up doors, total conformity with all applicable Environmental Laws and the plumbing, electrical, and heating, ventilating and air-conditioning systems serving exclusively the Premises (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age prudent industry practices regarding management of such portion of the Premises). (2) Lessee shall at the end Hazardous Substances. Upon expiration or earlier termination of the term of this Lease or any extension thereof, surrender to Lessor the Premises and all alterations, additions and improvements thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, or act of God excepted, but including, without limitation, replacement of burnt-out lamps and ballasts.. Notwithstanding the foregoing, Lessee may remove Lessee’s furniture, fixtures and equipment upon termination of the Lease, so long as Lessee repairs will cause all Hazardous Substances placed on, under or about the Premises by Lessee or at Lessee's direction to be removed and transported for use, storage or disposal in accordance and compliance with all applicable Environmental Laws. Lessee will not take any damage caused thereby remedial action in response to the presence of any Hazardous Substances in or about the Premises. Except as provided , nor enter into any settlement agreement, consent decree or other compromise in Subparagraph B, below, Lessor has no obligation and has made no promise respect to alter, remodel, improve, repair, decorate or paint any claims relating to any Hazardous Substances in any way connected with the Premises or any part thereof. No representations respecting the condition of the Premises or the Building have been made by Lessor to Lessee, except as specifically herein set forth. (3) Commencing on the Lease Commencement Date, Lessee shall pay to Lessor Lessee's Percentage Share of Common Area Maintenance and Repair Costs as additional rent hereunder within thirty (30) days of receiving a written notification from without first notifying Lessor of Lessee's Percentage Share of said costsintention to do so and affording Lessor ample opportunity to appear, intervene or otherwise appropriately assert and protect Lessor's interests with respect thereto.