Common use of Repair and Maintenance Clause in Contracts

Repair and Maintenance. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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.

Repair and Maintenance. Except for work that Section 10.03 or Article 12 requires Landlord to do (or as otherwise may be required of Landlord under this Lease), Tenant shall, at Tenant’s own expense, its sole cost and expense shall keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (Premises including, without limitation, plumbing fixtures all Initial Tenant Improvements, other Tenant Work, Tenant Property, Tenant’s Supplemental HVAC, make-up air systems, fixtures, systems and equipment such as dishwashers, garbage disposals, and insta-hot dispensersnow or hereafter in the Premises (excluding the VAV boxes in the office portions of the Premises), and or elsewhere exclusively serving the floor or floors of the Building on which the Premises is locatedPremises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and working order (subject to the prior approval yield-up provisions of LandlordSection 10.07 below), condition and within any repair, reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear and fire or beyond other casualty excepted; shall keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the reasonable control of TenantPremises; provided however, that, at Landlord’s option, or if Tenant fails to and shall make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed and do all other work necessary for samethe foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. Notwithstanding 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 foregoing, like in the Premises. In no event shall Tenant’s obligations to repair the Premises extend to (i) repairs covered under any insurance policy carried solely by Landlord shall be responsible for in connection with the Building or the Property; (ii) repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to necessitated by the negligence or willful misconduct of TenantLandlord or its agents, employees or contractors; providedor (iii) repairs for which Landlord is responsible hereunder, howeversubject to Section 7.03 above; (iv) repairs required as a result of Landlord’s failure to make repairs for which it is responsible hereunder, that if such repairs are due subject to Section 7.03 above; or (v) takings or eminent domain proceedings of governmental authorities. Tenant shall hire its own cleaning contractor for the negligence or willful misconduct 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 arrange for its own appropriately sized dumpster, and shall locate the same in the vicinity of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered loading bay in a location and manner reasonably approved by Landlord’s insurance. If applicable, Tenant shall only arrange for disposal of its own lab-related refuse by a licensed vendor in accordance with all applicable Legal Requirements. No storage or Environmental Substances shall be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion permitted outside of the Premises, except as expressly provided in Section 9.04. Storage inside the Base BuildingPremises shall be provided in a manner not visible from outside the Premises. (For purposes of this Section, the Base Building systemsterm “reasonable wear and tear” constitutes that normal, gradual deterioration that occurs due to aging and ordinary use despite reasonable and timely maintenance and repairs or repairs and restoration, as the Project case may be; in no event shall “reasonable wear and tear” excuse Tenant from its obligations duty to maintain and/or repair as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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 effecthereunder.)

Repair and Maintenance. Tenant shall(a) Landlord shall be responsible for the following repair, at Tenant’s own expensereplacement and maintenance obligations: (i) maintenance and repair of the exterior of the Building, keep roof (including roof membrane) and structural portions of the PremisesBuilding, including all improvements(ii) repairs, fixtures, furnishingsreplacement, and systems and equipment therein (maintenance of the Building systems, including, without limitation, electrical, mechanical, HVAC and plumbing fixtures and all controls appurtenant thereto, (iii) repairs, replacement and maintenance of any elevators in the Building, (iv) repair, replacement and maintenance of Common Areas, (v) alterations to the Premises required under applicable Laws to the extent not the responsibility of Tenant pursuant to Paragraph 5 or 6 hereof, (vi) any repair, maintenance or improvements which could be treated as a “capital expenditure” under generally accepted accounting principles, (vii) any repair, maintenance or improvements which are a result of casualty or the exercise of the power of eminent domain which are Landlord’s responsibility under Paragraph 20 or 21, (viii) repairs and replacements of lighting equipment (including light bulbs), (ix) any repair, maintenance or improvements which are required as a consequence of construction defects, in Landlord’s work or the Tenant Improvements, (x) any repair, maintenance or improvements for which Landlord has a right of reimbursement from others. As part of Landlord’s maintenance of the building systems, Landlord shall implement and carry out throughout the term of this Lease an ongoing program of regular and preventative maintenance of all building systems (such as dishwashersprogram to include the periodic replacement of HVAC filters in accordance with manufacturers’ specifications and the monitoring of HVAC systems settings (i.e., garbage disposalspercentage of outside air to ensure compliance with the specifications of the equipment manufacturers and the design of the HVAC system)) and shall in any event cause the Building HVAC system and indoor air quality of the Common Areas within the Building and the Premises to meet for the entire term of this Lease the standards set forth in Standard 62-1989 (“Ventilation for Acceptable Indoor Air Quality”), including both the requirements of the Ventilation Rate Procedure and insta-hot dispensersIndoor Air Quality Procedure and the maintenance requirements, recommendations and guidelines contained therein, promulgated by the American Society of Heating, Refrigerating and Air Conditioning Engineers (“ASHRAE”), and the floor any applicable laws, ordinances, rules air regulations now in effect or floors of thereafter promulgated by any governmental authority having jurisdiction over the Building on which or persons occupying or working in the Building relating to office building indoor air quality (collectively, the “Indoor, air Quality Standard”). Landlord shall make available to Tenant Landlord’s records evidencing such maintenance efforts by Landlord, and Landlord shall cooperate with Tenant’s efforts to monitor and to maintain the Indoor Air Quality Standard in the Premises. Tenant shall have the right, from time to time, to test the air quality within the Premises; if at any time air within the Premises or a portion thereof is located, determined to contain carbon dioxide in good order, repair and condition at all times during excess of 1,000 parts per million (PPM) (or such lesser amount as may then violate the Lease Term. In addition, Tenant shallapplicable Indoor Air Quality Standard), at Tenant’s own expense, but under the supervision and subject request. Landlord will promptly make such adjustments or alterations to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to ventilation system serving the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (as are reasonably necessary to be uniformly established for performed which will increase ventilation in the Building and/or Premises such that carbon dioxide levels in the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement Premises are in compliance with such repairs and replacements forthwith upon being billed for samethe Indoor Air Quality Standard. Notwithstanding the foregoing, Landlord Tenant shall be responsible for repairs to the exterior walls, foundation and roof Tenant’s Share of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined costs described in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses this paragraph to the extent allowed pursuant to Section 4.2.4, above), except to such costs are properly included in Expenses. (b) Tenant shall maintain and repair the extent that such repairs are required due to interior portion of the negligence Premises and any Alterations installed by or willful misconduct on behalf of Tenant; providedTenant within the Premises, however, that if such repairs excluding any portions thereof which are due structural in nature or which are the obligation of Landlord under Paragraph 7(a) (subject to Paragraphs 5 and 7(c)). Tenant shall be responsible for the expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Building to the negligence or willful misconduct of Tenant, Premises and throughout the Premises; though Landlord shall nevertheless make have the right to perform such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, work on behalf of Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decreeCommon Areas. Tenant hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections Paragraphs 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect. In addition, Tenant hereby waives and releases its right to terminate this Lease under Paragraph 1932(1) of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. If Tenant fails after thirty (30) days’ written notice by Landlord to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the expenses thereof incurred by Landlord shall be reimbursed (with interest at the Default Rate from the date Landlord incurs such cost) as Additional Charges within thirty (30) days after submission of a bxxx or statement therefor. (c) The purpose of Paragraph 7(a) and 7(b) is to define the obligations of Landlord and Tenant to perform various repair and maintenance functions; the allocation of the costs therefor are covered under this Paragraph 7(c) and Paragraph 3. Tenant shall bear the full cost of repairs or maintenance interior or exterior, structural or otherwise, to preserve the Premises and the Building in good working order and condition, arising out of (i) the existence, installation, use or operation of any Alterations, or any of Tenant’s trade fixtures or personal property; (ii) the moving of Tenant’s property or fixtures in or out of the Building or Project or in and about the Premises; or (iii) except to the extent any claims arising from any of the foregoing are reimbursed by insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, the acts, omissions or negligence of Tenant, or any of its servants, employees, contractors, agents, visitors, or licensees, or the particular use or particular occupancy or manner of use or occupancy of the Premises by Tenant or any such person (as opposed to general office use). Any Alterations required with respect to Tenant’s responsibilities pursuant to this Paragraph 7(c) shall be made in accordance with Paragraph 6. (d) Except to the extent any claims arising from any of the foregoing are reimbursed by rental abatement insurance carried by Landlord, are covered by the waiver of subrogation in Paragraph 11 or are otherwise provided for in Paragraph 20, there shall be no abatement of Rent with respect to, and except for Landlord’s active negligence or willful misconduct, Landlord shall not be liable for any injury to or interference with Tenant’s business arising from, any repairs, maintenance, alteration or improvement in or to any portion of the Building, including the Premises, or in or to the fixtures, appurtenances and equipment therein.

Repair and Maintenance. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, Landlord shall repair and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, maintain in good orderorder and condition, repair and condition at all times during the Lease Term. In additionconsistent with comparable buildings, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond excepted, the reasonable control of Tenant; provided howeverCommon Areas, thatmechanical and equipment rooms, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the exterior and demising walls of the Building, the exterior doors and windows of the Building, the structural portions of the floors of Building, the Building (the “Building Structure”)elevators, and the “Base base building portions of the electrical, plumbing, mechanical, fire protection, life safety, and HVAC systems servicing the Building” . The base building portion of: (a) the electrical system, is the portions of it up to and including the base building standard electrical panels in the Building’s core; (b) the plumbing system, is the cold water riser in the wall behind the Building bathrooms, and (c) the HVAC system, includes the main HVAC trunk lines in to the VAV boxes to the Premises and all HVAC distribution from the VAV boxes to the Premises. However, Tenant shall pay the cost of any such repairs or maintenance resulting from acts or omissions of Tenant, its employees, agents, or contractors. Additionally, Landlord shall replace the Building standard fluorescent light tubes in the Premises. Except to the extent Landlord is obligated to repair and maintain the Premises as that term is defined in Section 8.2provided above, below) systems Tenant shall, at its sole cost, repair, replace, and equipment maintain the non-structural interior portions of the Premises (including the Base Building HVACnon-structural walls, ceilings, and floors in the Premises, and any specialized electrical, plumbing, mechanical, electricalfire protection, plumbing life safety and vertical transportation system of HVAC systems servicing the Building that existed as of July 1Premises requested by Tenant exclusively for their use) in a clean, 2015) (the “Building Systems”) (the cost of which shall be included attractive condition in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenantcompliance with all laws; provided, however, that if such repairs are due to the negligence or willful misconduct of TenantLandlord, Landlord shall nevertheless make such repairs at Tenant’s cost and expense, or, if covered shall maintain any supplemental HVAC units required by Tenant for service. Tenant shall pay all such maintenance and repair costs within 10 days after receipt of Landlord’s insurance, invoice. The provisions of Articles 14 and 15 shall control as to work required as a result of casualty or condemnation. All replacements shall be of equal quality and class to the original items replaced. Tenant shall only not commit or allow to be obligated to pay committed any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or waste on any portion of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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.

Repair and Maintenance. Tenant shall, at Tenant’s own expenseduring the term of this Lease, keep maintain the PremisesPremises in neat and clean order and condition, including shall purchase and install (in accordance with Building standards) all improvementstubes, bulbs, starters and ballasts for lighting fixtures in the Premises and shall perform all daily cleaning and perform all repairs to the Premises and all fixtures, furnishingssystems, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at including Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees equipment and other costs or expenses arising from Landlord’s involvement with such repairs personal property and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and any HVAC equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to serving all or any portion of the Premises (“Separate 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 windows and doors of the Premises (except glass in the exterior walls of the Building) with glass of the same quality as that damaged or broken. Tenant shall provide to Landlord, within five (5) days of Landlord’s written request, copies of all service records and service contracts for any equipment located in or serving the Premises. Notwithstanding anything to the contrary contained in this Lease, during the term of this Lease, Tenant shall also be responsible for, at Tenant’s sole cost and expense, the Base regular maintenance and repair of (a) the roof of the Building and (b) the HVAC system serving the Building. Notwithstanding the foregoing, during the Base Building systemsterm of this Lease, or the Project if (i) replacement of such roof is required, as reasonably determined by an independent engineer selected by Landlord, Landlord shall desire replace such roof, at Landlord’s sole cost and expense (and such costs shall not be included in Operating Costs), so long as such replacement is not required as a result of Tenant’s use of such roof pursuant to Subsection 6.2.5 or deem necessaryTenant’s failure to maintain such roof pursuant to the terms of this Subsection 6.1.3, and (ii) any repairs (or as Landlord may be replacement) are required to do under Applicable Lawssuch HVAC system, as reasonably determined by Landlord, and such repairs (or by governmental or quasi-governmental authority, or by court order or decree. 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.replacement) would cost more

Repair and Maintenance. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, Except for (i) normal and systems reasonable wear and equipment therein use and (including, without limitation, plumbing fixtures ii) damage caused by fire and equipment such casualty and by eminent domain (except as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, otherwise provided in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision Article 12) and subject to the prior approval provisions of LandlordSection 8.1 and Exhibit E-1, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to as the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoingcase may be, Landlord shall be responsible for (1) to make such repairs to the roof, exterior walls, foundation floor slabs and roof common areas and facilities of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, base building mechanical, electrical, plumbing plumbing, sprinkler, fire/life safety, and vertical transportation system access control systems and the base building heating, ventilating, and air conditioning systems serving the Building and other common Building systems equipment serving the Premises, as may be necessary to keep them in good order, repair, and condition, and (2) to maintain the common areas of the Building serving the Premises (in each case, exclusive of Tenant’s responsibilities under Section 10.4 and other provisions of this Lease), including from time to time making such replacements as Landlord determines, in a manner consistent with a first-class laboratory/office building, are required or appropriate to maintain the Property in a first class manner comparable to the maintenance of Comparable Mixed-Use Laboratory/Office Buildings and in compliance with Applicable Legal Requirements, to the extent that existed as any non-compliance with Applicable Legal Requirements would materially impair, or create an unsafe or hazardous condition with respect to, Tenant’s use and occupancy of July 1the Premises and/or use of such Building common areas or Tenant’s Appurtenant Areas, 2015) (in each case in accordance with, and subject to, the “Building Systems”) (the cost terms and conditions of which this Lease. The costs of all services by or through Landlord shall be included in Operating Expenses in accordance with and subject to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct Article 8 and other provisions of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct this Lease. For avoidance of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurancedoubt, Tenant shall only be obligated responsible for maintaining any utilities distribution and mechanical systems installed by Tenant, whether in the Premises or elsewhere in or about the Building, beyond the base building equipment and electrical panels installed by Landlord as part of the Base Building Work) as may be necessary to pay properly maintain them in good repair and condition. Tenant shall promptly report in writing to Landlord any deductible in connection therewithdefective condition known to it that Landlord is required to repair. Landlord may, but shall not be required to, enter the Premises at all reasonable times have no obligation to make such repairs, alterations, improvements repair or additions to all or maintain any portion of the Premises or perform any service, except as specifically set forth in this Section 10.3. For avoidance of doubt, notwithstanding anything to the contrary in this Lease, Landlord shall have no liability or responsibility for the storage, containment or disposal of any Hazardous Substances generated, stored or contained by Tenant or any Tenant Party in or about the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessaryBuilding Site, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. and Tenant hereby waives agrees to store, contain and dispose of any and all rights under such Hazardous Substances at Tenant’s sole cost and benefits expense in accordance with the provisions 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 effectArticle 9.

Repair and Maintenance. Tenant shallExcept for work that Section 10.03 requires Landlord to do and subject to Section 16.09, Tenant, at Tenant’s own its sole cost and expense: shall keep the Premises (including all Initial Tenant Work, keep other Tenant Work, Tenant Property, and all fixtures, systems and equipment now or hereafter on the Premises or elsewhere that exclusively serve the Premises regardless of whether or not the same are part of a Building System), together with any Limited Common Elements (or portions thereof) with respect to which Tenant has exclusive rights, and any interior windows, doors, interior plate glass, and the inner surfaces of walls within the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such in at least as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, condition and repair and condition at all times as they are in on the Delivery Date or may be thereafter put in during the Lease Term. In addition, Tenant shallreasonable wear and tear, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear fire, other casualty or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof taking (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement which is dealt with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to damage caused by the negligence or willful misconduct of Tenant; providedLandlord, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insuranceagents, employees, or contractors excepted; shall keep in a secure and sanitary condition all trash and rubbish temporarily stored at the Premises; and shall make all repairs and replacements and do all other work necessary for the foregoing purposes, whether the same may be ordinary or extraordinary, foreseen or unforeseen. Without limitation, Tenant shall only be obligated to responsible for the maintenance, repair and replacement of all plumbing, heating, ventilating and air-conditioning systems and other mechanical systems (whether or not part of the Building Systems) wherever located that exclusively serve the Premises, and Tenant shall secure, pay any deductible for, and keep in connection therewith. force contracts with appropriate and reputable service companies approved by Landlord may, but (which approval shall not be unreasonably withheld, conditioned or delayed) providing for the regular maintenance of such systems to the extent that such systems exclusively serve the Premises. All repairs and replacements required to, enter to be made by Tenant hereunder shall be equal in quality and class to the original work. No storage shall be permitted outside of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion of except as otherwise expressly provided in this Lease. Storage inside the Premises shall be provided in a manner not visible from outside the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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.

Repair and Maintenance. Throughout the Lease Term the Tenant shall, at Tenant’s own expense, keep : (a) maintain the Premises, including Unit and all improvements, fixtures, furnishings, and systems devices and equipment therein in good condition and working order allowing their full usage. (includingb) replace all fixtures, without limitationfittings and other equipment of the Unit and any components thereof or consumables not listed in Schedule 3 (including equipment belonging to the Tenant) which is damaged, plumbing fixtures worn out, or otherwise in need of replacement, with new items of the same type and quality, however accepting the normal wear and tear, provided that the Tenant shall also be entitled to replace such fixtures, fittings and other equipment such as dishwashers, garbage disposalsof the Unit for an appropriate substitute subject to always acting in accordance with binding provisions of the law and good construction practice. (c) keep the Unit clean and tidy, and insta-hot dispensers)shall not keep any rubbish there any longer than is necessary, and nor dump it anywhere in the floor Development other than in the rubbish bins, skips or floors other containers provided for that purpose in areas designated by the Landlord from time to time. (d) not damage any parts of the Building on which the Premises is locatedor Unit, and in good order, case of damage it shall repair and condition it immediately at all times during the Lease Termits own expense. In additionthe case when the Tenant has failed to execute or has inappropriately executed obligations resulting from this item 5.4, Tenant shall, the Landlord upon prior setting forth a deadline for proper execution and its ineffective expiry shall be able to carry out all necessary repairs or cleaning at the Tenant’s own expense. However, but under if the supervision and subject fact that the obligations mentioned above have not been executed or have been inappropriately executed by the Tenant presents a threat of damage for the Development, Building, Unit, or difficulties for other tenants in the Development, then the Landlord shall be entitled to carry out all necessary repairs or cleaning at the expense of the Tenant without the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage calling to properly execute the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameobligations. Notwithstanding the foregoing, Landlord above: (i) the Tenant shall not be responsible for repairs to any maintenance, repair or replacement of any structural parts of the Building (understood as the exterior walls, foundation the foundations and the roof system only); with the exception of damages caused by the Tenant, (ii) the above obligations of the Building, Tenant to do any repairs shall commence upon the structural portions expiry of the floors warranty period for each of the Building (devices and equipment, however the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which Tenant shall always be included in Operating Expenses under a duty to the extent allowed pursuant to Section 4.2.4, above), except to the extent ensure that such repairs are required due carried out by the relevant contractor/manufacturer granting the warranty, The Landlord will obtain a minimum 24 months warranty for all works, Machinery and equipment of the Building and Unit. Warranty periods for all individual elements of the Building and Unit will be indicated in schedule attached to Delivery Protocol. In case of any need to repair, replace or fix any of the negligence above during the initial 24 months or willful misconduct of Tenant; providedthe relevant warranty period if it is longer than 24 months, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make ensure that these actions are undertaken by the contractor granting the warranty or by the Landlord and no cost of such repairs at Tenant’s expense, or, if covered actions shall be borne by Landlord’s insurance, the Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion as part of the Premises, Service Charge unless the Base Building, damage has been caused by the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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 effectTenant.

Repair and Maintenance. Tenant shallTo keep and maintain the Premises in good order, at Tenant’s own expensecondition and repair, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures the roof of the Initial Building (and equipment such the Expansion Building, as dishwashersthe case may be), garbage disposalsbut not the structural components thereof, the heating, ventilating, plumbing, electrical, air-conditioning, lighting, interior mechanical systems, and instaall doors, door frames, and door openers, and all windows, frames and plate glass and the parking areas, driveways, landscaping and the utility facilities located on and serving the Premises and prior to the Expansion Lot being made a part of the Premises, located in the Lot 1 Exclusive Parking Areas (as defined and referred to in the Cross-hot dispensersEasement Agreement) on the Expansion Lot in accordance with the standards set forth in the Cross-Easement Agreement, except for (a) reasonable use and wear, (b) damage resulting from Casualty or Taking (which shall instead be governed by Article VI), and the floor or floors (c) portions of the Building on which Premises that Landlord is obligated to repair and maintain in accordance with Section 4.4, and (d) damage resulting from the negligent or other acts or omissions of Landlord or Landlord's Parties ("Landlord's Negligence") (Landlord hereby agreeing, subject to the waiver of subrogation provisions of Section 4.2.2.5 and in the case of a Casualty or Taking subject to the provisions of Article VI, to perform at Landlord's sole expense any repair or maintenance to the Premises is locatedmade necessary by Landlord's Negligence); to keep in a safe, secure and sanitary condition all trash and rubbish temporarily stored at the Premises; to arrange for and be responsible for all of the costs of a trash and rubbish removal service in connection with Tenant's use of the Premises; and to make all interior and exterior repairs and replacements (which shall not include replacements of the structural components, foundation, or structural components of the roof of the Initial Building and/or Expansion Building, as the case may be), which are required to keep the Premises in good order, condition and repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlordas required hereunder, and within any to do all other work necessary for the foregoing purposes whether the same may be ordinary or extraordinary, foreseen or unforeseen. The exception of reasonable period use and wear shall not apply so as to permit Tenant to keep the Premises in anything less than suitable, tenant-like, and efficient and usable condition and repair considering the nature of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost use reasonably made thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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.

Repair and Maintenance. Tenant (a) Landlord shall, at subject to the casualty provisions of Paragraph 9, maintain the (i) Common Area and service areas of the Project, ( ii) roof, foundation, exterior windows and load-bearing items of the Building; (iii) exterior (located outside the Leased Premises) surfaces of walls; (iv) plumbing, pipes and conduits located in the Common Area or service areas of the Project; and (v) the Buildings central heating, ventilation and air conditioning, electrical, mechanical and plumbing systems, landlord is not required to make any repair in connection with or resulting from (1) any alteration or modification to the Leased Premises or to Building equipment performed by, for or because of Tenant or to special equipment or systems, installed by, for or because of Tenant’s own expense, keep (2) the installation, use or operation of Tenant's property, fixtures, and equipment, (3) the moving of Tenant's property in or out of the Building, or in and about the Leased Premises, (4) Tenant's use or occupancy of the Leased Premises in violation of Paragraph 6 or in a manner set out in this Lease (e.g. subsequent installation of special use rooms), (5) the acts or omissions of Tenant and Tenant's employees, agents, invitees, subtenants, licensees or contractors, or (6) fire or other casualty, except as provided in Paragraph 9. Depending on the nature of repairs undertaken by Landlord, the cost of the repairs will be borne solely by Landlord (if required to be under the terms of the Lease) or will be reimbursed to Landlord either by a particular tenant or tenants or by all tenants as part of the Operating Expenses. (b) Except for janitorial services provided by Landlord and landlord's obligations under Paragraph I(b) and 8(a), and subject to the terms of Paragraph 15. Tenant shall maintain the Leased Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises is locatedinstalled by Tenant, in good order, and tenantable condition and repair and condition at shall promptly make all times during reasonably necessary non­structural repairs and replacements thereto except those caused by fire or other casualty covered by insurance on the Lease TermBuilding under policies naming Landlord as the insured. In addition, Tenant shall, all at Tenant’s own 's sole expense, but under the supervision and subject to with the prior reasonable approval of Landlord, . Such repairs and within any reasonable period of time specified by Landlord, promptly replacements shall be in quality and adequately repair all damage class equal to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control original work. Without diminishing such obligations of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairsrepairs or replacements within fifteen (15) days after the occurrence of the damage or injury, Landlord may, but need not, may at its option (after prior written notice to Tenant) make such repairs and replacements, repair and Tenant shall pay Landlord for the cost thereof, including a percentage of the reasonable cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overheadupon demand, general conditionsplus interest thereon, fees and other costs or expenses arising as provided in this Lease, from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samedemand until payment. Notwithstanding the foregoingIn addition, Landlord Tenant shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “Building Structure”), and the “Base Building” (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (pay the cost of which repair and replacement due to damage or injury done to the Building or any part thereof or any part of the Project, by Tenant or Tenant's agents, employees, contractors, licensees or invitees. Such amount shall be included paid by Tenant to Landlord within five (5) business days, after written demand, plus interest thereon, as provided in Operating Expenses this Lease, from demand until payment. Upon termination of this Lease, Tenant will surrender the Leased Premises to Landlord in the extent allowed pursuant same condition in which they existed at the commencement of the Lease or as subsequently Unproved by Landlord or Tenant, excepting only ordinary wear and tear and damage arising from any cause required hereunder to Section 4.2.4, above), except to be repaired at Landlord's expense. (c) If there now is or shall be installed in the extent that Building a "sprinkler system" and such repairs are required due to the negligence systems or willful misconduct any of Tenant; provided, however, that if such repairs are due to the negligence its appliances shall be damaged or willful misconduct injured or not in perfect working order by reason of any act or omission of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense's agents, orservants, if covered by Landlord’s insuranceemployees, contractors, licensees or invitees, Tenant shall only forthwith restore same to good working condition at its own expense under the supervision and with the approval of Landlord; and if any bureau, department or official oldie state or city government require or recommend that any changes, modifications or alterations be obligated to pay any deductible in connection therewithmade or that sprinkler heads and equipment be supplied by reason of Tenant's business, or the location of partitions, trade Fixtures or other contents of the Leased Premises. Landlord mayTenant shall, but shall not be required toat Tenant's expense, enter the Premises at all reasonable times to promptly make and supply such repairschanges, or modifications, alterations, improvements additional sprinkler heads or additions to all or any portion other equipment. (d) Tenant acknowledges that after it has inspected the Leased Premises and Tenant's taking possession of the PremisesLeased Premises shall be conclusive evidence as against the Tenant that the Leased Premises were in good order and satisfactory condition when the Tenant took possession. No promise of the Landlord to alter, remodel, repair or improve the Base Building, the Base Building systems, Leased Premises or the Project Building and no representation respecting the condition of the Leased Premises or the Building have been made by Landlord to Tenant, other than as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Lawscontained herein or in a separate Work Letter agreement signed by Landlord and, or by governmental or quasi-governmental authority, or by court order or decree. 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 effectTenant.

Repair and Maintenance. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot insta‑hot dispensers), and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s 's option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building (the “"Building Structure”"), and the “"Base Building” " (as that term is defined in Section 8.2, below) systems and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “"Building Systems”") (the cost of which shall be included in Operating Expenses 00 XXX XXXXXX STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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.

Repair and Maintenance. Tenant Subject to the provisions of Sections 9 (Damage and Destruction) and 14 (Condemnation) and Paragraph 2 of this Addendum, Lessee shall, at Tenant’s own expenseLessee's sole cost and expense and at all times, keep maintain and repair.the non-structural Premises and every part thereof, including without limitation, all equipment or facilities serving the Premises, including all improvementssuch as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire sprinklers, fixtures, furnishings, and systems and equipment therein walls (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensersinterior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and the floor parkways located in, on, about or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage adjacent to the Premises and replace (whether or repair all damagednot such portion of the Premises requiring repairs or the means of repairing the same, brokenare reasonably accessible to Lessee) but only to the extent the repairs and/or maintenance are required by Lessee for Lessee's or Lessee's Affiliates' use of the Premises; provided, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, thatin the event any single repair (and not ordinary maintenance) costs in excess of $3,000.00, the portion of such repair in excess of $3,000.00 shall be Lessor's responsibility at Lessor's sole cost and expense; provided, further, however, in the event the cumulative cost incurred by Lessee of individual repairs which cost in excess of $2,000.00 ("Over $2,000.00 Repairs") exceeds $20,000.00, the Lessor shall be responsible for the portion of the aggregate of the Over $2,000.00 Repairs which exceeds $20,000.00, at Landlord’s optionLessor's sole cost and expense. Notwithstanding anything to the contrary, or if Tenant fails in no event shall Lessor be obligated to make any repair unless Lessee is operating from the Premises, in no event shall Lessor be obligated to make any repair unless the Lessor's failure to make such repairsof repair will materially adversely affect Lessee's operations from the Premises and in no event shall Lessor be obligated to make any non-structural repairs that are necessitated as the result of the acts of Lessee or Lessee's Affiliates (other than as a result of normal wear and tear). Lessee shall not cause or permit Lessee's Affiliates to cause any Hazardous Substance to be spilled or released in, Landlord mayon, but need notunder or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, make such repairs and replacementsat Lessee's expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the clean-up of any contamination of, and Tenant shall pay Landlord for the cost thereofmaintenance, including a percentage security and/or monitoring of the Premises, the elements surrounding same, or neighboring properties, that was caused or materially contributed to by Lessee or Lessee's Affiliates, or pertaining to or involving any Hazardous Substance and/or storage tank brought on to the Premises by or for Lessee or Lessee's Affiliates. Notwithstanding anything to the contrary contained herein, in the event any repairs or maintenance are necessitated to the structure, roof or the exterior walls of the Premises, such shall be repaired and maintained by Lessor at Lessor's sole cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameexpense. Notwithstanding the foregoing, Landlord Lessee shall be responsible for repairs required to the exterior walls, foundation (i) repair any and roof of the Building, the all non-structural portions of the floors Premises where such repairs are necessitated due to the acts of the Building Lessee and Lessee's Affiliates (the “Building Structure”), other than as a result of normal wear and the “Base Building” (as that term is defined in Section 8.2, below) systems tear and equipment (including the Base Building HVAC, mechanical, electrical, plumbing and vertical transportation system of the Building that existed as of July 1, 2015) (the “Building Systems”) (the cost of which shall be included in Operating Expenses only to the extent allowed pursuant to Section 4.2.4, above), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if not covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be insurance carried by Lessor) and (ii) perform all routine and ordinary maintenance required to, enter by Lessee for Lessee's and Lessee's Affiliates' use of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to all or any portion irrespective of the Premises, the Base Building, the Base Building systems, or the Project as Landlord shall desire or deem necessary, or as Landlord may be required to do under Applicable Laws, or by governmental or quasi-governmental authority, or by court order or decree. 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 effectfinancial caps contained herein.