Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. (a) Grantee shall repair and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right to undertake all reasonably necessary maintenance and repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement.

Repair and Maintenance. (a) Grantee shall repair Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and expense shall keep the same Premises including, without limitation, all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order order, condition and repair, reasonable wear and tear excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include, without limitation, Tenant’s obligation to maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. Tenant shall hire its own cleaning contractor for the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). Tenant shall have the non-exclusive use of the Building compactor for disposal of trash that is not lab-related or Environmental Substances. If applicable, Tenant shall arrange for disposal of its own lab-related refuse by a licensed vendor in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth hereinLegal Requirements. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations No storage shall not take effect until construction be permitted outside of the Facilities has been completed and Facilities have been accepted by Premises. Storage inside the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee Premises shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable fashion within such fifteen (15) day periodwear and tear” constitutes that normal, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right gradual deterioration that occurs due to undertake all reasonably necessary aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to maintain and/or repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreementas may be required hereunder.)

Repair and Maintenance. (a) Grantee Sterling shall repair be responsible for compxxxxxx xny and all work necessary to maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) each assisted living facility located on the downstream side of the meter along with Properties as an assisted living residence in good condition and repair, reasonable wear and tear excepted. In addition, at Sterling's sole cost and expense, Sterxxxx xxxll complete all pipe downstream of the meter shall be the Grantor’s responsibility to repair applications, give all notices and maintain. Both Grantor and Grantee shall repair obtain and maintain their respective portions of all licenses, permits and approvals necessary or desirable to allow Sterling to operate the Facilities as described in assisted living facilities located on the preceding sentence and shall keep the same in good order and repair Properties in accordance with all applicable lawslegal and regulatory requirements. During the first twelve (12) months of the term of the Leases, ordinancesLTC shall disburse to Sterling a total amount up to Three Hundred Thousand Dollars ($300,000.00) (the "Improvement Funds"), ruleswhich Improvements Funds shall be used by Sterling solely and exclusively for the purpose of making improvements and repairs to the Facilities and/or the Properties. Prior to the commencement date of the Leases, regulationsSterling shall submit to LTC a proposex xxxxxxements budget (the "Budget"), permits which Budget shall set forth with reasonable specificity the improvements which Sterling proposes to make with the Impxxxxxxxxs Funds and approvalsthe budgeted cost for each. LTC shall have ten (10) business days from the date of LTC's receipt of the Budget to approve or disapprove the items and/or proposed budgeted costs set forth therein. The Budget must include, among other things, all of the following: (A) a two-way intercom system to each unit at the Edmond Facility; (B) outside door security system at all three Facilities; (C) a whirlpool bath in all three Facilities; and (D) a courtyard sprinkler system at all three Facilities. The Improvement Funds shall be disbursed to Sterling as and when Sterling has provided to LTC all of thx xxxxxxing: (i) a copy of a canceled check or an invoice marked "paid-in-full" evidencing that the work done or materials supplied has been paid for by Sterling; and (ii) lien waivers in forx xxxxxxable to LTC from the contractors, subcontractors and material suppliers who performed work or supplied materials costing more than Five Thousand Dollars ($5,000.00). Irrespective of whether Sterling is able to complete all of thx xxxxx described in the Budget approved by LTC for an amount equal to the total Improvements Funds, Sterling shall be required to complete all items described in the approved Budget and shall be required to pay any amounts in excess of the Improvements Funds from Sterling's own funds and without reimbxxxxxxxx of any kind from LTC, and LTC shall have no obligation of any future modifications or amendments thereto and at no cost kind whatsoever to Grantorfund any amounts in excess of the Improvements Funds. If Sterling has not met the requirements xxx xxxxursement of all of the Improvements Funds by the end of the twelve-month period following the commencement date of the Leases, subject Sterling shall continue to have the provisions obligation to complete all of the items set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of in the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligationsapproved Budget. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right to undertake all reasonably necessary maintenance and repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement.

Repair and Maintenance. (aExcept for work that Section 10.03(b) Grantee shall repair or Article 12 requires Landlord to do, Tenant at its sole cost and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and expense shall keep the same Premises including, without limitation, all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises (including regularly scheduled (e.g., quarterly, annually or semi-annually as reasonably determined by Landlord) preventive maintenance/service contract with a contractor reasonably approved by Landlord therefor), in good order order, condition and repair, reasonable wear and tear excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include, without limitation, Tenant’s obligation to maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. Tenant shall hire its own cleaning contractor for the Premises and shall provide first-class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). If applicable, Tenant shall arrange for disposal of its own lab-related refuse and/or hazardous waste by a licensed vendor in accordance with all applicable laws, ordinances, rules, regulations, permits Legal Requirements and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth hereinSection 9.04 hereof. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations No storage shall not take effect until construction be permitted outside of the Facilities has been completed and Facilities have been accepted by Premises. Storage inside the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee Premises shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable fashion within such fifteen (15) day periodwear and tear” constitutes that normal, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right gradual deterioration that occurs due to undertake all reasonably necessary aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to maintain and/or repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreementas may be required hereunder.)

Repair and Maintenance. Notwithstanding anything to the contrary set forth in Section 19.1 of the Lease, commencing as of September 11, 2016 and continuing through the remainder of the Term, Tenant, at its sole cost and expense, shall (a) Grantee shall repair repair, maintain and, if necessary, replace all heating, ventilating and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective air conditioning systems that exclusively serve any laboratory and/or server room portions of the Facilities as described in Premises (the preceding sentence “Exclusive HVAC”) and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In keep the event any required repair and/or maintenance hereunder is not performed by Grantee Exclusive HVAC in accordance good condition and in a manner consistent with the foregoing standardsPermitted Use. In addition, Grantor may deliver a notice to Grantee setting forth the maintenance deficienciesTenant shall, whereupon Grantee shall have a period of fifteen within ten (1510) days after receipt of written notice from Landlord, provide to remedy Landlord any maintenance records of the deficiencies, or forty-eight (48) hours, in case of emergencyExclusive HVAC that Landlord reasonably requests. In the event the deficiencies are not remedied in that Tenant timely fails to make a reasonable fashion within such fifteen repair or replacement or perform maintenance that is Tenant’s obligation pursuant to this Lease, Landlord may (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor but shall have no obligation to) notify Tenant of such failure and, if Tenant does not make the right to undertake all reasonably necessary repair or perform the maintenance within twenty (20) days after Tenant’s receipt of such notice, Landlord may (but shall have no obligation to) perform the repair, replacement or maintenance and repair itself and recover from Grantee the reasonable and actual, third party Tenant shall reimburse Landlord for its out-of-pocket feescosts for performing the same as Additional Rent. All repairs made by Tenant shall be at least equal in quality to the original work, costs and expenses incurred shall be made only by a licensed, bonded contractor approved in advance by Landlord. Landlord may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Premises. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims arising out of the failure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” shall be defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and subcontractors. Nothing herein shall limit Landlord’s rights under Article 32 of the Lease. Notwithstanding anything to the contrary in the Lease, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of any interruption or impairment in HVAC services in connection therewith. The provisions of this section shall expressly survive with the termination of this AgreementExclusive HVAC.

Repair and Maintenance. (a) Grantee shall repair and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The Grantor shall repair and maintain the pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintainmeter. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee Grantor, Grantee, or any Permitted Assignee, as applicable, in accordance with the foregoing standards, Grantor Grantor, Grantee, or any Permitted Assignee, whichever is applicable, may deliver a notice to Grantee the other party setting forth the maintenance deficiencies, whereupon Grantee such party shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied in a commercially reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor the requesting party shall have the right right, but not the obligation, to undertake all reasonably necessary maintenance and repair itself and recover from Grantee such other party the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions Such party shall reimburse the requesting party for the reasonable expenses in connection with any maintenance activities no less than sixty (60) days after the requesting party delivers a written request for such reimbursement, together with all applicable invoices, receipts and lien waivers for work performed (the “Reimbursement Request”). If such party fails to pay the amount set forth in the Reimbursement Request within the time period set forth above, the amount of this section the Reimbursement Request shall expressly survive bear interest at the termination rate of this Agreementsix percent (6%) until paid.

Repair and Maintenance. (a) Grantee shall 4.1 The Tenants accept the Premises at the Date of Entry in their present condition and state of repair and maintain decoration and undertake to carry out throughout the meter assemblies from Duration the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve Tenants Repairing Obligations (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (bclause 4.3 below) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standardsLandlord’s Policies, Grantor Procedures and Standards, the Asset Transfer, Services and Finance Agreement and any Support Services Agreement or Service Level Agreement from time to time in place during the Duration 4.2 The Tenants shall permit the Landlords and others authorised by them at all reasonable times throughout the Duration and on reasonable prior notice (except in the case of emergency, when no notice shall be required) to enter, examine and record the condition of the Premises and upon notice being served by the Landlords to execute all works of cleaning , decoration , maintenance and repair to the Premises as the Landlords may deliver a notice require to Grantee setting forth procure compliance by the maintenance deficienciesTenants with the Tenants Repairing Obligations within such reasonable period as is specified in such notice, whereupon Grantee shall have a period and that to the satisfaction of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hoursLandlords and, in case of emergency. In default by the Tenants, the Landlords and others as aforesaid shall be entitled to enter the Premises to execute all such works as aforesaid and the whole costs and expenses incurred by the Landlords in so doing shall be due and payable by the Tenants to the Landlords on demand. 4.3 Notwithstanding the foregoing provisions of clause4.1 above or any other provision indicating the contrary, the Tenants shall not be liable for any of the Tenants’ Repairing Obligations required as a result of damage or destruction to the Premises caused by (a) an insured Risk, save to the extent that the insurance monies are rendered irrecoverable in consequence of some act, omission or default of the Tenants, or (b) the negligence of the Landlords. 4.4 The Landlords shall at their own cost, subject to availability of financial resources carry out throughout the Duration the Landlords Repairing Obligations in accordance with the Landlord’s Policies, Procedures and Standards, the Landlords’ Property Contracts, the Asset Transfer Agreement, Services and Finance Agreement and any Support Services Agreement or Service Level Agreement from time to time in place during the Duration. 4.5 The Tenants shall notify the Landlords of any specific items of repair and/or maintenance deemed by the Tenants to be required to the Premises which fall within the Landlords’ Repairing Obligations immediately on same being identified by the Tenants , said notification to be made in accordance with the Council’s Policies , Procedures and Standards for reporting of property repairs .In the event of any such item of repair and /or maintenance not being notified to the deficiencies are Landlords in accordance with the provisions of this clause 4.5 , the Landlords may at their discretion contra-charge the Tenants for the value of any additional works required as a result of the said item of repair and /or maintenance not remedied being notified to the Landlords. 4.6 The Tenants shall permit the Landlords and others authorised by them at all reasonable times and on reasonable prior notice (except in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in the case of emergency, Grantor when no notice shall have be required) to enter, examine and record the right condition of the Premises and execute all works of repair to undertake all reasonably the Premises as the Landlords may deem necessary maintenance and repair itself and recover from Grantee of which the Landlords shall be the sole judge to procure compliance by the Landlords with the Landlords’ Repairing Obligations within such time period as is deemed by the Landlords to be reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreementcircumstances .

Repair and Maintenance. (a) Grantee shall repair Except for work that Section 10.03 or Article 12 requires Landlord to do, Tenant at its sole cost and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and expense shall keep the same Premises including, without limitation, all Initial Tenant Improvements, other Tenant Work, Tenant Property, fixtures, systems and equipment now or hereafter on the Premises, or elsewhere exclusively serving the Premises, in good order order, condition and repair, reasonable wear and tear, and damage by casualty or taking (to the extent provided in Article 12 only), excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The foregoing shall include, without limitation, Tenant’s obligation to maintain floors and floor coverings, to paint and repair walls and doors, to replace and repair all interior glass and windows, ceiling tiles, lights and light fixtures, pipes, drains and the like in the Premises. Tenant shall hire its own cleaning contractor for the Premises and shall provide first- class janitorial service in the Premises on each business day during the Term (including daily disposal of trash from trash bins in the Premises). If applicable, Tenant shall arrange for disposal of its own lab-related refuse and/or hazardous waste by a licensed vendor in accordance with all applicable laws, ordinances, rules, regulations, permits Legal Requirements and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth hereinSection 9.04 hereof. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations No storage shall not take effect until construction be permitted outside of the Facilities has been completed and Facilities have been accepted by Premises. Storage inside the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee Premises shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied be provided in a manner not visible from outside the Premises. (For purposes of this Section, the term “reasonable fashion within such fifteen (15) day periodwear and tear” constitutes that normal, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right gradual deterioration that occurs due to undertake all reasonably necessary aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to maintain and/or repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreementas may be required hereunder.)

Repair and Maintenance. Except as with respect to Landlord’s obligations set forth in this Lease (including, without limitation, items specified in Article 5), Tenant shall, during the Term of this Lease, maintain the Premises in neat and clean order and condition and perform all repairs to the Premises and all fixtures, systems, and equipment therein (including Tenant’s equipment and other personal property and all HVAC equipment) as are necessary to keep them in good and clean working order, appearance and condition, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in interior windows and doors of the Premises (excluding glass in the exterior walls of the Building) with glass of the same quality as that damaged or broken. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Notwithstanding anything set forth in this Lease to the contrary, the following shall apply with respect to those HVAC units that (i) are existing on the roof of the Building as of the date of this Lease, (ii) were originally installed in approximately 1995, and (iii) and are not replaced by Landlord under the terms of Section 3.2.1.3 above (such HVAC units, the “Original HVAC Units”): (a) Grantee shall repair and maintain the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter Tenant shall be responsible for the Grantor’s responsibility to repair and maintain. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance obligations shall not take effect until construction of all HVAC equipment; provided, however, in the event that the cost of any repairs (exclusive of the Facilities has been completed cost of regularly-scheduled servicing of the Original HVAC Units) to any particular Original HVAC Unit exceeds $1,500.00 in any calendar year, then Landlord shall reimburse Tenant for all actual and Facilities have been accepted reasonable third party costs incurred by Tenant in connection with the Grantee and subject to the same provisions hereof regarding repair and maintenance obligationsof such Original HVAC Unit within thirty (30) days after receipt of Tenant’s written demand therefor along with reasonable documentation evidencing such costs incurred by Tenant. (b) In the event that the cost of any required repair and/or maintenance hereunder is repairs (exclusive of the costs of regularly-scheduled servicing of the Original HVAC Units) to any particular Original HVAC Unit exceeds $5,000.00 in any calendar year, Landlord shall promptly replace such Original HVAC Unit at Landlord’s sole cost and expense (and not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee shall have a period be passed through to Tenant as part of fifteen Operating Costs). (15c) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event any Original HVAC Unit is replaced during the deficiencies Term, such replacement HVAC unit shall no longer be deemed to be an Original HVAC Unit. Landlord agrees to use commercially reasonable efforts to enforce any warranties for HVAC units serving the Premises which are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right to undertake all reasonably necessary maintenance be repaired and repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreementmaintained by Tenant.

Repair and Maintenance. (a) Grantee Each Grantor shall repair and maintain the meter assemblies from the connection to the main to the downstream flange its respective portion of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter shall be the Grantor’s responsibility to repair Drainage Easement Parcel and maintain. Both Grantor any drainage facilities lying therein and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence and shall keep the same in good working order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto other governmental requirements and at no cost to GrantorGrantee; provided, subject each Grantor may assign any or all of its repair, maintenance or other obligations hereunder to the provisions set forth any Permitted Assignee (as defined herein. With respect to relocated or reconfigured Facilities, Grantee’s repair and maintenance ) which assumes such obligations shall not take effect until construction of the Facilities has been completed and Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligationsin writing at any time. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor Grantee may deliver a notice to Grantee the applicable Grantor or Permitted Assignee, whichever is applicable, setting forth the maintenance deficiencies, whereupon Grantee the applicable Grantor or Permitted Assignee, as applicable, shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor Grantee shall have the right right, but not the obligation, to undertake all reasonably necessary maintenance and repair itself and recover from Grantee the applicable Grantor or such Permitted Assignee, as applicable, the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions applicable Grantor shall reimburse Grantee for Grantee’s reasonable expenses in connection with any maintenance activities no less than sixty (60) days after Grantee provides a written request to such applicable Grantor for such reimbursement, together with all applicable invoices, receipts and lien waivers for work performed (the “Reimbursement Request”). Additionally, each Grantor shall have the same enforcement and self-help rights granted herein to the Grantee with respect to any repair or maintenance deficiencies of this section shall expressly survive the termination of this Agreementother Grantor.

Repair and Maintenance. (a) Grantee Grantor shall repair and maintain have maintenance responsibility for the meter assemblies from the connection to the main to the downstream flange of the meter, including the meter. The pressure reducing valve (PRV) located on the downstream side of the meter along with all pipe downstream of the meter. Grantee shall have maintenance responsibility for all other Facilities, including, but not limited to, the meter shall be and the Grantor’s responsibility meter assemblies from the connection to repair and maintainthe main to the downstream flange of the meter. Both Grantor and Grantee shall repair and maintain their respective portions of the Facilities as described in the preceding sentence sentences and shall keep the same in good order and repair in accordance with all applicable laws, ordinances, rules, regulations, permits and approvals, and any future modifications or amendments thereto and at no cost to Grantor, subject to the provisions set forth herein. With respect to relocated or reconfigured Facilities, Grantee’s 's repair and maintenance obligations shall not take effect until construction of the Facilities has been completed and such Facilities have been accepted by the Grantee and subject to the same provisions hereof regarding repair and maintenance obligations. (b) In the event any required repair and/or maintenance hereunder is not performed by Grantee in accordance with the foregoing standards, Grantor may deliver a notice to Grantee setting forth the maintenance deficiencies, whereupon Grantee shall have a period of fifteen (15) days to remedy the deficiencies, or forty-eight (48) hours, in case of emergency. In the event the deficiencies are not remedied in a reasonable fashion within such fifteen (15) day period, or within such forty-eight (48) hour period in case of emergency, Grantor shall have the right to undertake all reasonably necessary maintenance and repair itself and recover from Grantee the reasonable and actual, third party out-of-pocket fees, costs and expenses incurred in connection therewith. The provisions of this section shall expressly survive the termination of this Agreement.