Common use of Repair Obligation Clause in Contracts

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenant.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation under this Lease with respect to repair or restore the Premises maintenance, repair, and replacement shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or the structural portions of the Building; (ii) any Leasehold Improvements the exterior walls of the Building, including exterior glass and glazing; (as defined below)iii) the exterior roof; (iv) mechanical, electrical, plumbing and Tenant shall promptly repair and replace all such Leasehold Improvements at life safety systems serving the Project and/or the Leased Premises, subject to Tenant’s sole cost repair obligations provided in Section 5.4 below; (v) the Common Areas; (vi) the Project parking area; and expense(vii) landscaped areas. For purposes hereofHowever, the “Leasehold Improvements” Landlord shall mean all tenant and other improvements in and not have any obligation to the Premisesrepair damage caused by Tenant, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s its agents, employees, shippers, customerscontractors, invitees or contractors (individually licensees. Landlord shall have the right, but not the obligation, to undertake work of repair which Xxxxxx is required to perform under this Lease and which Xxxxxx fails or refuses to perform in a “Tenant Party” or “Tenant Related Party” timely and collectively the “Tenant Parties” or “Tenant Related Parties”), efficient manner after Xxxxxx’s receipt of written notice and reasonable opportunity to cure. Tenant shall pay reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to ten percent (10%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the full amount Leased Premises or the Project. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord or terminate this Lease by reason of the deductible under Landlord’s insurance policy and condition of the Leased Premises or any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantneeded repairs.

Repair Obligation. (a) If neither party Landlord nor Tenant is entitled or elects to terminate this Lease following a Casualty and there has not been a Material Casualty Eventas provided in Subsection 5.1.1, then Landlord shall, within a reasonable time after such Casualty, begin to promptly shall repair the Premises and shall proceed with reasonable diligence same, but the repairs to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received made by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies this Article shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrarynot include, under no circumstances and Landlord shall Landlord not be required to repair, replace any Casualty damage to Tenant’s personal property or compensate trade fixtures or Alterations that are the responsibility of Tenant or any other Person to insure. Landlord shall commence such repair promptly and diligently prosecute the repair to completion. Tenant shall be responsible at its own expense for the repair, restoration or repair and replacement of (i) Tenant’s Propertypersonal property, trade fixtures and Alterations which Tenant is required to insure and elects to repair or replace. (iib) Landlord shall not be obligated to expend for any Leasehold Improvements (as defined below), and Tenant shall promptly such repair and replace all restoration any amount in excess of the insurance proceeds payable on account of such Leasehold Improvements at Tenant’s sole cost and expenseCasualty. For purposes hereof, If such insurance proceeds are insufficient for the “Leasehold Improvements” shall mean all tenant and other improvements in and to restoration of the Premises, includingand if Landlord does not otherwise elect to spend the additional funds necessary to fully restore the Premises, without limitationthen Landlord shall give notice (“Landlord’s Proceeds Notice”) to Tenant that Landlord does not elect to fund the amount of deficiency and stating the expected deficiency amount (the “Deficiency”). If Landlord sends the Landlord’s Proceeds Notice, all Tenant may elect to fund the Deficiency by providing written notice of such tenant and other improvements inelection to Landlord within thirty (30) days after receipt of Landlord’s Proceeds Notice (the “Deficiency Funding Notice”). If Tenant fails to timely send a Deficiency Funding Notice, on or to the Building and/or the Premises then this Lease shall be terminated as of the date end of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises such 30-day period. If Tenant furnishes a Deficiency Funding Notice, Tenant shall, within thirty (30) days after the date of mutual execution the Deficiency Funding Notice, provide security reasonably satisfactory to Landlord and delivery its Mortgagee for Tenant’s obligation to so fund the Deficiency (it being agreed that Landlord shall not be obligated to commence restoration until such reasonably satisfactory security is furnished), and Tenant’s failure to furnish such security within such time shall constitute an Event of Default (without any additional notice requirements or cure rights) under this Lease. Notwithstanding anything contained Tenant’s furnishing of a Letter of Credit in this Section 10(dthe amount of the Deficiency, and which otherwise meets the requirements of a Letter of Credit specified in Article XII below, shall in all events be deemed to be satisfactory security to both Landlord and its Mortgagee. (c) If the Premises shall be damaged by Casualty as the result of a risk not covered by the forms of casualty insurance at the time maintained by Landlord and such Casualty cannot, in the ordinary course, reasonably be expected to be repaired within ninety (90) days from the time that repair work would commence, either party may, at its election, terminate the Lease by notice to the contraryother party given within sixty (60) days after such loss; provided, if however that Landlord may not terminate this Lease on account of an uninsured Casualty, and shall restore the Premises, Building or any other part if and to the extent such damage would have been covered by the insurance coverages required to be carried by Landlord under this Lease, subject to the terms of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”Subsection 5.1.2(b), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenant.

Repair Obligation. If neither party Landlord elects not to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shallLandlord, within a reasonable time after such Casualty, begin to repair the Premises and shall will proceed with reasonable diligence to repair, restore or rehabilitate the Premises Building and/or the Premises, as the case may be, to substantially the same condition as they existed immediately before such Casualty; however. However, Landlord will not be required to repair or replace any of the furniture, equipment, fixtures, and other leasehold improvements which may have been placed by or at the request of Tenant or other occupants in the Building or the Premises and required to be insured by Tenant or other tenants, and Landlord’s 's obligation to repair or restore the Building and/or the Premises shall will be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question. In the same may have been reduced by amounts required event that Landlord elects not to be paid terminate the Lease and Landlord proceeds to Landlord’s current Mortgagee without repair the ability Building and/or the Premises, then Tenant must apply to use such proceeds towards the repair replacement or restoration of the furniture, equipment, fixtures and other improvements in the Premises (if replacement or restoration is necessary because of the Casualty) any proceeds of insurance that it may have received from its policy(ies) on account of the Casualty. During such repair or rebuilding of the Building and/or the Premises). Any deductible payable under Landlord’s insurance policies shall , Rent for the portion of the Premises rendered untenantable by the damage will be deemed to be abated on a Building Operating Expense hereunder. Notwithstanding any other provision reasonable basis determined by Landlord from the date of this Lease to damage until the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for completion of the repair, restoration or replacement of (i) Tenant’s Propertyrehabilitation, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, unless the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Casualty was caused by Tenant or any of Tenant’s agents's Affiliates, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), in which event Tenant shall continue to pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect Rent without any abatement or reduction in Rent or other payments owed by Tenantabatement.

Repair Obligation. If neither party Landlord elects not to terminate this Lease following a Casualty and there has not been a Material pursuant to the terms of Section 13.1 above, Landlord shall, prior to the expiration of the Casualty EventTermination Period, notify Tenant of Landlord's good faith determination (the "Restoration Estimate Notice") of the time period required to restore the Building and/or Premises. In the event such time period exceeds one (1) year from the date of the Casualty, Tenant shall have the right to terminate this Lease within thirty (30) days after receipt of the Restoration Estimate Notice. If neither Landlord nor Tenant elects to terminate this Lease, as set forth above, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall will proceed with reasonable diligence to repair, restore or rehabilitate the Premises Building and/or the Premises, as the case may be, to substantially the same condition as they existed immediately before such Casualty; however. However, Landlord’s obligation Landlord will not be required to repair or restore the Premises shall be limited to the extent replace any of the insurance proceeds actually received by Landlord for the Casualty in question (as the same furniture, equipment, fixtures, and other leasehold improvements which may have been reduced placed by amounts or at the request of Tenant or other occupants in the Building or the Premises and required to be paid insured by Tenant or other tenants. In the event that Landlord elects not to Landlord’s current Mortgagee without terminate the ability Lease and Landlord proceeds to use such proceeds towards repair the repair Building and/or the Premises, then Tenant must apply to the replacement or restoration of the furniture, equipment, fixtures and other improvements in the Premises (if replacement or restoration is necessary because of the Casualty) any proceeds of insurance that it may have received from its policy(ies) on account of the Casualty allocable to such fixtures and other improvements. During such repair or rebuilding of the Building and/or the Premises). Any deductible payable under Landlord’s insurance policies shall , Rent for the portion of the Premises rendered untenantable by the damage will be deemed to be abated on a Building Operating Expense hereunder. Notwithstanding any other provision reasonable basis determined by Landlord from the date of this Lease to damage until the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for completion of the repair, restoration or replacement rehabilitation, unless the Casualty was caused by Tenant or any of (i) Tenant’s Property's Affiliates, or (ii) any Leasehold Improvements (as defined below), and in which event Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expensecontinue to pay Rent without abatement. For purposes hereof, In the “Leasehold Improvements” shall mean all tenant and other improvements in and event Landlord fails to substantially complete the Premises, including, without limitation, all such tenant and other improvements in, on or to restoration of the Building and/or the Premises as of within one (1) year from the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”)Casualty, Tenant shall pay have the right to Landlord terminate this Lease at any time after the full amount expiration of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantsuch one (1) year period.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any alterations or betterments within the Premises or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s 's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question question. If this Lease is terminated under the provisions of this Section 16, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises. If Landlord does not complete the restoration of the Premises within sixty (60) days after the time period estimated by Landlord to repair the damage caused by such Casualty as specified in the Damage Notice, as the same may be extended by force majeure or delays caused by a Tenant Party, Tenant may terminate this Lease by delivering written notice to Landlord and Landlord's Mortgagee within ten (10) days following the expiration of such 60-day period (as the same may have been reduced by amounts required be extended as set forth above) and prior to the date upon which Landlord substantially completes such restoration. Such termination shall be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration effective as of the Premises)date specified in Tenant's termination notice (but not earlier than thirty (30) days nor later than ninety (90) days after the date of such notice) as if such date were the date fixed for the expiration of the Term. Any deductible payable under Landlord’s insurance policies If Tenant fails to timely give such termination notice, Tenant shall be deemed to be a Building Operating Expense hereunderhave waived its right to terminate this Lease, time being of the essence with respect thereto. Notwithstanding any other provision the foregoing, if upon the receipt of Tenant's written election to terminate this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained provided in this Section 10(d) to 16(d), Landlord reasonably believes it can complete the contrary, if the Premises, Building or any other part restoration of the San Diego Facility are wholly or partially damaged or destroyed as a result Premises within thirty (30) days following the receipt of the negligence or willful misconduct or omission of Tenant or any of such notice, Landlord may, in its sole discretion, elect to proceed with such restoration and, provided Landlord substantially completes such restoration within such 30-day period, Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” 's election to terminate shall be null and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantvoid.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time promptly after such Casualty, begin to repair the Premises Premises, Building and Project and shall proceed with reasonable diligence to restore the Premises Premises, Building and Project to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation Landlord shall not be required to repair or restore replace any alterations or betterments within the Premises (which shall be limited promptly and with due diligence repaired and restored by Tenant at Tenant's sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to the extent full proceeds of the insurance proceeds actually received policies providing coverage for all alterations, improvements and betterments in the Premises, up to the amount of the Construction Allowance. If Landlord does not complete the restoration of the Premises within 60 days after the time period estimated by Landlord for to repair the damage caused by such Casualty as specified in question the Damage Notice, as the same may be extended by (i) no more than 30 total days due to force majeure or (ii) delays caused by a Tenant Party, Tenant may terminate this Lease by delivering written notice to Landlord and Landlord’s Mortgagee at any time following the expiration of such 60-day period (as the same may have been reduced by amounts required be extended as set forth above) and prior to the date upon which Landlord substantially completes such restoration. Such termination shall be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration effective as of the Premises)date specified in Tenant’s termination notice (but not earlier than 30 days nor later than 90 days after the date of such notice) as if such date were the date fixed for the expiration of the Term. Any deductible payable under Landlord’s insurance policies If Tenant fails to timely give such termination notice, Tenant shall be deemed to be a Building Operating Expense hereunderhave waived its right to terminate this Lease, time being of the essence with respect thereto. Notwithstanding any other provision the foregoing, if upon the receipt of Tenant’s written election to terminate this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained provided in this Section 10(d) to 15(d), Landlord reasonably believes it can complete the contrary, if the Premises, Building or any other part restoration of the San Diego Facility are wholly or partially damaged or destroyed as a result Premises within 30 days following the receipt of the negligence or willful misconduct or omission of Tenant or any of such notice, Landlord may, in its sole discretion, elect to proceed with such restoration and, provided Landlord completes such restoration within such 30-day period, Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” election to terminate shall be null and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantvoid.

Repair Obligation. If neither party elects Tenant does not elect to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time promptly or as expeditiously as commercially reasonable, after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall only be required to reconstruct the Premises to the extent of any improvements existing therein on the date of the damage that were installed by Landlord as part of the Work (if any) pursuant to EXHIBIT D ("LANDLORD'S CONTRIBUTION"), and Landlord’s 's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question; provided, however, in the same may event that Landlord's Mortgagee retains such insurance proceeds, Landlord's obligation to repair or restore the Premises shall be limited to the amount Landlord would have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use received had such proceeds towards the repair or restoration of the Premises)not been retained by Landlord's Mortgagee. Any deductible payable under Landlord’s insurance policies Tenant shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contraryresponsible for repairing or replacing its furniture, under no circumstances shall Landlord be required to repairequipment, replace or compensate Tenant or any other Person for the repairfixtures, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant alterations and other improvements in which Landlord is not obligated to restore, and to shall use the Premises, including, without limitation, all proceeds of its insurance for such tenant and other improvements in, on or to purpose. Tenant shall pay the Building and/or difference between the total cost of reconstructing the Premises as and Landlord's Contribution ("TENANT'S CONTRIBUTION"). Prior to Landlord's commencement of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”)reconstruction, Tenant shall pay to place Landlord's estimate of Tenant's Contribution in escrow with Landlord the full amount (or furnish Landlord other commercially reasonable assurances of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantpayment thereof).

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation Landlord shall not be required to repair or restore replace any alterations or betterments within the Premises (which shall be limited to the extent of the insurance proceeds actually received promptly and with due diligence repaired and restored by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building. For purposes hereofIf this Lease is terminated under the provisions of this Section 15, the “Leasehold Improvements” Landlord shall mean all tenant and other improvements in and be entitled to the Premisesfull proceeds of the insurance policies providing coverage for all alterations, includingimprovements and betterments in the Premises (and, without limitationif Tenant has failed to maintain insurance on such items as required by this Lease, all such tenant and other improvements in, on or Tenant shall pay Landlord an amount equal to the Building and/or proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If Landlord does not complete the restoration or the Premises within 120 days after the time period estimated by Landlord to repair the damage caused by such Casualty as specified in the Damage Notice, as the same may be extended by force majeure or delays caused by a Tenant Party, Tenant may terminate this Lease by delivering written notice to Landlord and Landlord’s Mortgagee within ten days following the expiration of such 120-day period (as the same may be extended as set forth above) and prior to the date upon which Landlord substantially completes such restoration. Such termination shall be effective as of the date of mutual execution and delivery of this Lease and all Alterations made specified in or to the Building and/or the Premises Tenant’s termination notice (but not earlier than 30 days nor later than 90 days after the date of mutual execution and delivery such notice) as if such date were the date fixed for the expiration of the Term. If Tenant fails to timely give such termination notice, Tenant shall be deemed to have waived its right to terminate this Lease, time being of the essence with respect thereto. Notwithstanding anything contained the foregoing, if upon the receipt of Tenant’s written election to terminate this Lease as provided in this Section 10(d) to 15(d), Landlord reasonably believes it can complete the contrary, if the Premises, Building or any other part restoration of the San Diego Facility are wholly or partially damaged or destroyed as a result Premises within 30 days following the receipt of the negligence or willful misconduct or omission of Tenant or any of such notice, Landlord may, in its sole discretion, elect to proceed with such restoration and, provided Landlord substantially completes such restoration within such 30-day period, Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” election to terminate shall be null and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantvoid.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (or would have received if Landlord maintained the insurance required pursuant to the terms of this Lease, all as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable if and as accrued under LandlordLxxxxxxx’s insurance policies shall be deemed to be a Building an Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrarycontrary but subject to then-applicable Laws, Landlord shall be required to reconstruct the Building and Premises in accordance with the Building standards for the initial construction and all of Landlord’s Work; provided however, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements inTI Work, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease all Tenant’s Work, and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. In the event the damage is due to the gross negligence or willful misconduct of Landlord or any of Landlord Parties, Landlord shall be solely responsible for the full amount of the deductible for Tenant’s applicable insurance policies which shall not exceed $25,000, as well as for the full amount of the deductible for Landlord’s applicable insurance policies. Notwithstanding anything contained in this Section 10(d) 10.4 to the contrary, if the Premises, Building or any other part of the San Diego Facility Project are wholly or partially damaged or destroyed as a result of the gross negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively collectively, the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under LandlordLxxxxxxx’s insurance policy and any amounts not insured. This this Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenant.

Repair Obligation. If neither party Landlord elects not to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shallLandlord, within a reasonable time after such Casualty, begin to repair the Premises and shall will proceed with reasonable diligence to repair, restore or rehabilitate the Premises Building and/or the Leased Premises, as the case may be, to substantially the same condition as they existed immediately before such Casualty; however. However, Landlord will not be required to repair or replace any of the furniture, equipment, fixtures, and other leasehold improvements which may have been placed by or at the request of Tenant or other occupants in the Building or the Leased Premises and required to be insured by Tenant or other tenants, and Landlord’s 's obligation to repair or restore the Building and/or the Leased Premises shall will be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question. In the same may have been reduced by amounts required event that Landlord elects not to be paid terminate the Lease and Landlord proceeds to Landlord’s current Mortgagee without repair the ability Building and/or the Leased Premises, then Tenant must apply to use such proceeds towards the repair replacement or restoration of the furniture, equipment, fixtures and other improvements in the Leased Premises (if replacement or restoration is necessary because of the Casualty) any proceeds of insurance that it may have received from its policy(ies) on account of the Casualty. During such repair or rebuilding of the Building and/or the Leased Premises). Any deductible payable under Landlord’s insurance policies shall , Rent for the portion of the Leased Premises rendered untenantable by the damage will be deemed to be abated on a Building Operating Expense hereunder. Notwithstanding any other provision reasonable basis determined by Landlord from the date of this Lease to damage until the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for completion of the repair, restoration or replacement of (i) Tenant’s Propertyrehabilitation, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, unless the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Casualty was caused by Tenant or any of Tenant’s agents's affiliates, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), in which event Tenant shall continue to pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect Rent without any abatement or reduction in Rent or other payments owed by Tenantabatement.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question. If this Lease is terminated under the same may have been reduced by amounts required provisions of this Section 16, Landlord shall be entitled to be paid to Landlord’s current Mortgagee without the ability to use such full proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contraryproviding coverage for all alterations, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), improvements and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements betterments in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises (and, if Tenant has failed to maintain insurance on such items as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of required by this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If Landlord shall have failed to complete the restoration by a date that is thirty (30) days following the Anticipated Restoration Date, and such failure was not caused in whole or in part by any Tenant Party or events beyond Landlord’s reasonable control, then Tenant may terminate this Lease by delivering written notice to Landlord of its intention to terminate within sixty (60) days after the full amount of the deductible under Landlord’s insurance policy Anticipated Restoration Date; provided, however, that such termination shall be automatically rescinded, and any amounts not insured. This this Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by effect, if Landlord substantially completes the restoration within sixty (60) days after receipt of Tenant’s notice of intention to terminate.

Repair Obligation. (i) If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises Building and shall proceed with reasonable diligence to restore the Premises Building to substantially the same condition as they it existed immediately before such Casualty, including building standard tenant fixtures and improvements within the Premises for the portion damaged; however, Landlord shall not be required to repair or replace any alterations or betterments within the Premises that exceed building standard improvements up to $30.00 per rentable square foot for the portion damaged. Tenant shall have the obligation to restore any above building standard improvements and any building standard improvements that exceed $30.00 per rentable square feet within the Premises for the portion damaged, or at the election of Landlord, Tenant shall provide to Landlord in advance an amount equal to the amount of insurance coverage Tenant maintained or was required to maintain with respect to such Casualty, and Landlord shall, subject to (iii) below, make such repairs. (ii) In no event shall Landlord be required to replace or reimburse Tenant for the cost of replacing any inventory, furniture, equipment, movable trade fixtures or personal property of Tenant or others in the Premises or the Buildings. (iii) Notwithstanding anything to the contrary, Landlord’s obligation to repair or restore the Premises Building or any portion thereof shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question, provided, however, if such insurance proceeds are insufficient to restore the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrarycondition required hereunder and Landlord is unwilling or unable to complete such restoration with its own funds, under no circumstances shall then (unless it has not provided to Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of amount described in (i) Tenant’s Property, or (iiabove) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of may terminate this Lease and all Alterations made in or by delivering written notice of its election to the Building and/or the Premises terminate within 30 days after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement delivery to Tenant of a written notice indicating such unwillingness or reduction in Rent or other payments owed by Tenantinability.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than Building-standard leasehold improvements and any leasehold improvements existing in the Premises which were included within the Work performed by Landlord pursuant to Exhibit D, Landlord shall not be required to repair or replace any Alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense, provided that Tenant’s obligation to so repair and restore shall be limited to the extent of the sum of the insurance proceeds actually received by Tenant for the Casualty in question (or which would have been received by Tenant if Tenant complied with its insurance obligations under this Lease) plus the amount of any deductible maintained by Tenant under such insurance) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the sum of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may or which would have been reduced received by amounts required Landlord if Landlord complied with its insurance obligations under this Lease) plus the amount of any deductible maintained by Landlord under such insurance. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to be paid to Landlord’s current Mortgagee without the ability to use such full proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contraryproviding coverage for all Alterations, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), improvements and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements betterments in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises (and, if Tenant has failed to maintain insurance on such items as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of required by this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If neither party elects to terminate this Lease following a Casualty and Landlord thereafter fails to complete the repairs and restoration within one hundred eighty (180) days after the commencement of such repairs and restoration or within two hundred seventy (270) days after the Casualty, which deadlines shall be subject to extension for force majeure (not to exceed sixty (60) days in the aggregate) and/or Tenant delay, then Tenant shall be entitled to terminate this Lease by giving written notice thereof to Landlord the full amount after such period but prior to substantial completion of the deductible under Landlord’s insurance policy such repairs and any amounts not insured. This restoration; provided, however, if Landlord thereafter substantially completes such repairs and restoration within thirty (30) days after Tenant delivers such termination notice, then such termination notice shall be null and void and this Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenanteffect.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, within the time periods specified for so doing, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation Landlord shall not be required to repair or restore replace any improvements, alterations or betterments within the Premises (which shall be limited to the extent of the insurance proceeds actually received promptly and with due diligence repaired and restored by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly furniture, equipment, trade fixtures or partially damaged or destroyed as a result of the negligence or willful misconduct or omission personal property of Tenant or any others in the Premises or the Project. If this Lease is terminated under the provisions of Tenant’s agentsthis Section 15, employeesLandlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, shippersimprovements and betterments in the Premises; provided, customersthat in such event, invitees or contractors after Landlord has received proceeds sufficient to restore the Project and all improvements funded by Landlord with respect to the Premises (individually a “Tenant Party” or “Tenant Related Party” and collectively including the “Tenant Parties” or “Tenant Related Parties”Construction Allowance), Tenant shall pay be entitled to Landlord proceeds up to the full amount unamortized portion of the deductible under Landlord’s insurance policy out-of-pocket amounts initially expended by Tenant to third parties (over and above the amount permitted to be retained by Landlord as described above) to perform the Work in the Premises, and any amounts not insured. This Lease shall continue subsequent work in full force and effect without any abatement or reduction in Rent or other payments owed the Premises paid for exclusively by Tenant, as calculated using a straight-line amortization over the initial Term (or, for any improvements installed during any renewal Term amortized over such renewal Term), and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease.

Repair Obligation. If neither party elects Subject to Tenant's obligations under Section 3.04 to pay Tenant's Proportionate Share of Basic Operating Cost, Landlord shall maintain and repair, in a manner consistent with the Comparable Buildings (as defined in Section 8.01(a)(2)), all elements of the Project that are not the express obligation of Tenant or other tenants of the Project, including without limitation: (i) the structural portions of the Building; (ii) the exterior walls of the Building, including exterior glass and glazing; (iii) the roof (including both membrane and structure); (iv) all mechanical (including the HVAC system), electrical, plumbing and life safety systems; (v) the Common Areas; (vi) the Project parking area; and (vii) landscaped areas (if any). However, Landlord shall not have any obligation to repair damage caused by Tenant, its agents, employees, contractors, invitees or licensees. Landlord shall have the right, but not the obligation, to undertake work of repair which Tenant is required to perform under this Lease and which Tenant defaults in its obligation to perform. Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to five percent (5%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the Leased Premises. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord or terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent by reason of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration condition of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant Leased Premises or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below)needed repairs. Landlord shall perform and construct, and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereofhave no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on acts or to the Building and/or the Premises as omissions of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building Landlord or any other part occupant of the San Diego Facility are wholly Building, or partially damaged their respective agents, employees or destroyed contractors, (b) for which Landlord has a right of reimbursement from others, and (c) which could be treated as a result of "capital expenditure" under generally accepted accounting principles. Notwithstanding the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”)foregoing, Tenant shall pay to Landlord the full amount for its share of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue repairs described in full force and effect without any abatement or reduction subsection (c) to the extent such costs are properly included in Rent or other payments owed by TenantBasic Operating Costs.

Repair Obligation. If neither party elects Landlord's obligation with respect to terminate this Lease following a Casualty maintenance and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or the structural portions of the Building; (ii) the exterior walls of the Building, including exterior glass and glazing; (iii) the exterior roof; (iv) heating, ventilating, mechanical, electrical, plumbing, life safety and any Leasehold Improvements Building-wide or Project-wide systems; (as defined below)v) the Common Areas; and (vi) landscaped areas. Landlord shall be obligated to keep and maintain the foregoing at all times in good order, condition and Tenant repair. Landlord shall promptly not have any obligation to repair and replace all damage to such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, portions of the “Leasehold Improvements” shall mean all tenant and other improvements in and Building or the Project to the Premisesextent such damage is caused by Tenant, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s its agents, employees, shippers, customerscontractors, invitees or contractors licensees, unless such damage is covered by insurance Landlord is maintaining. Landlord shall have the right, but not the obligation, to undertake work of repair which Tenant is required to perform under this Lease and which Xxxxxx fails or refuses to perform in a timely and efficient manner. Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to five percent (individually a “Tenant Party” 5%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or “Tenant Related Party” repair the Leased Premises or the Project. The parties intend that the terms of this Lease govern their respective maintenance and collectively the “Tenant Parties” or “Tenant Related Parties”)repair obligations. Except as otherwise provided in SECTION 5.16, Tenant shall pay expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord the full amount or terminate this Lease by reason of the deductible under Landlord’s insurance policy and condition of the Leased Premises or any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantneeded repairs.

Repair Obligation. If neither party elects Landlord and Tenant both elect not to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shallLandlord, within a reasonable time after such Casualty, begin to repair the Premises and shall will proceed with reasonable diligence to repair, restore or rehabilitate the Premises Building and/or the Premises, as the case may be, to substantially the same condition as they existed immediately before such Casualty; however. However, Landlord will not be required to repair or replace any of the furniture, equipment, fixtures, and other leasehold improvements which may have been placed by or at the request of Tenant or other occupants in the Building or the Premises and required to be insured by Tenant or other tenants, and Landlord’s 's obligation to repair or restore the Building and/or the Premises shall will be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as question. In the same may have been reduced by amounts required event that the insurance proceeds actually received or to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair received by Landlord do not or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall will not permit Landlord be required to repair, replace restore or compensate rehabilitate the Premises and/or the Building, as the case may be, to substantially the same condition as they were before such Casualty, then Landlord will notify Tenant at such time as it reasonably believes that such repair, restoration or any other Person rehabilitation will not be completed to such condition, and within thirty (30) days of receipt of such notice, Tenant will have the right to terminate this Lease, and Base Rent and Additional Rent will abate as of the date of the Casualty. During such repair or rebuilding of txx Xxilding and/or the Premises, Rent for the portion of the Premises rendered untenantable by the damage will be abated from the date of damage until the completion of the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), rehabilitation. In the event that Landlord and Tenant shall promptly both elect not to terminate the Lease and Landlord proceeds to repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises and, the restoration of the Building and/or the Premises is not substantially complete on or before three hundred sixty (360) days from the Casualty Determination Date, Tenant may terminate this Lease by giving Landlord notice of such election (the "Repair Period Tenant Termination Notice"), and Base Rent and Additional Rent will abate as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the Casualty. Such termination shall be effective ox xxx date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Repair Period Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by TenantTermination Notice.

Repair Obligation. If neither party elects Landlord's obligation with respect to terminate this Lease following a Casualty maintenance and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or the structural portions of the Building; (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as exterior walls of the date of mutual execution Building, including exterior glass and delivery of this Lease glazing; (iii) the roof structure and all Alterations made in or membrane; (iv) mechanical, electrical, plumbing and life safety systems; (v) the Common Areas; and (vi) the landscaped areas. However, Landlord shall not have any obligation to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contraryrepair damage caused by Tenant, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s its agents, employees, shippers, customerscontractors, invitees or contractors (individually licensees. Landlord shall have the right, but not the obligation, to undertake work of repair which Tenant is required to perform under this Lease and which Tenant fails or refuses to perform in a “Tenant Party” or “Tenant Related Party” timely and collectively the “Tenant Parties” or “Tenant Related Parties”), efficient manner. Tenant shall pay reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to fifteen percent (15%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the full amount Leased Premises or the Project. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord or terminate this Lease by reason of the deductible under Landlord’s insurance policy and condition of the Leased Premises or any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantneeded repairs.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall only be required to repair or replace: (i) the initial Work as described in Exhibit D; and (ii) any subsequent Alterations or betterments within the Premises to the extent insurance proceeds from Tenant’s insurance described in Section 11(a)(2)(C) are provided to Landlord, and Landlord shall not be required to repair or replace any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building. Notwithstanding the foregoing, Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as plus the insurance deductible for such loss). If proceeds (plus any deductible) are inadequate to rebuild the Premises to substantially the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use condition as they existed immediately before such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease Casualty (subject to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or limitation set forth in (ii) any Leasehold Improvements above), and Landlord elects to not fund the necessary amounts to make up the difference, then Landlord shall provide written notice of such inadequacy to Tenant within ninety (as defined below)90) days of the Casualty, and Tenant shall promptly repair and replace all have the right to terminate the Lease upon written notice delivered to Landlord within ten (10) days following OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 21 receipt of such Leasehold Improvements at Tenant’s sole cost and expensenotice. For purposes hereofIf this Lease is terminated under the provisions of this Section 15, the “Leasehold Improvements” Landlord shall mean all tenant and other improvements in and be entitled to the Premisesfull proceeds of the insurance policies providing coverage for all Alterations, including, without limitation, all such tenant improvements and other improvements in, on or to the Building and/or betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of required by this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay Landlord an amount equal to the proceeds Landlord the full amount of the deductible under Landlord’s would have received had Tenant maintained insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed on such items as required by Tenantthis Lease).

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question or proceeds that would have been received had Landlord maintained the insurance required of Landlord under this Lease, and regardless of the cause of such Casualty, together with any deductible amounts. If this Lease is terminated under the provisions of this Section 15, Landlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, improvements and betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If Landlord does not complete the restoration of the Premises within ninety (90) days after the time period estimated by Landlord to repair the damage caused by such Casualty as specified in the Damage Notice, as the same may be extended by force majeure, Tenant may terminate this Lease by delivering written notice to Landlord and Landlord’s Mortgagee within ten days following the expiration of such ninety (90)-day period (as the same may have been reduced by amounts required be extended as set forth above) and prior to be paid to Landlord’s current Mortgagee without the ability to use date upon which Landlord substantially completes such proceeds towards the repair or restoration of the Premises)restoration. Any deductible payable under Landlord’s insurance policies Such termination shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises effective as of the date of mutual execution and delivery of this Lease and all Alterations made specified in or to the Building and/or the Premises Tenant’s termination notice (but not earlier than 30 days nor later than 90 days after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(dsuch notice) to as if such date were the contrary, if date fixed for the Premises, Building or any other part expiration of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by TenantTerm.

Repair Obligation. If neither party elects to terminate this Lease as to the applicable portion of the Premises following a Casualty and there has not been a Material Casualty EventCasualty, within the time periods specified for so doing, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation Landlord shall not be required to repair or restore replace any improvements, alterations or betterments within the Premises (which shall be limited to the extent of the insurance proceeds actually received promptly and with due diligence repaired and restored by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly furniture, equipment, trade fixtures or partially damaged or destroyed as a result of the negligence or willful misconduct or omission personal property of Tenant or any others in the Premises or the Project. If this Lease is terminated under the provisions of Tenant’s agentsthis Section 15, employeesLandlord shall be entitled to the full proceeds of the insurance policies providing coverage for all alterations, shippersimprovements and betterments in the Premises; provided, customersthat in such event, invitees or contractors after Landlord has received proceeds sufficient to restore the Project and all improvements funded by Landlord with respect to the Premises (individually a “Tenant Party” or “Tenant Related Party” and collectively including the “Tenant Parties” or “Tenant Related Parties”Construction Allowance), Tenant shall pay be entitled to Landlord proceeds up to the full amount unamortized portion of the deductible under Landlord’s insurance policy out-of-pocket amounts initially expended by Tenant to third parties (over and above the amount permitted to be retained by Landlord as described above) to perform the Work in the Premises, and any amounts not insured. This Lease shall continue subsequent work in full force and effect without any abatement or reduction in Rent or other payments owed the Premises paid for exclusively by Tenant, as calculated using a straight-line amortization over the initial Term (or, for any improvements installed during any renewal Term amortized over such renewal Term), and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualtythe Repair Period, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any alterations or betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as plus applicable deductible amounts); provided, further, however, if Landlord commences to restore the same may have been reduced by amounts required Premises and fails to substantially complete the restoration within thirty (30) days following the Repair Period (such deadline to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair extended for delays caused by any Tenant Party or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (ireasons specified in Section 25(c) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” Repair Deadline”), then Tenant may elect to terminate this Lease at any time following the Repair Deadline until such time as the restoration has been substantially completed. If this Lease is terminated under the provisions of this Section 15, Landlord shall mean all tenant and other improvements in and be entitled to the Premisesfull proceeds of the insurance policies providing coverage for all alterations, including, without limitation, all such tenant improvements and other improvements in, on or to the Building and/or betterments in the Premises (and, if Tenant has failed to maintain insurance on such items as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of required by this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease); provided, however, Landlord shall not be entitled to insurance proceeds applicable to Tenant’s trade fixtures, equipment, personal property and other property of Tenant in the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by TenantPremises.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation under this Lease with respect to repair or restore the Premises maintenance, repair, and replacement shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Propertythe structural portions of the Building, or including the foundation; (ii) any Leasehold Improvements the exterior walls of the Building (as defined belowincluding exterior glass and glazing); (iii) the roof; (iv) the Common Areas (including the Excess Land prior to Excess Land Exclusion Date); (v) the Project parking area; (vi) landscaped areas, if any, and Tenant shall promptly repair (vii) mechanical, electrical, plumbing and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, life safety systems serving the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, Project (including, without limitation, all the HVAC central plant serving the Project), other than such tenant systems exclusively serving the Leased Premises (including, without limitation, the HVAC equipment exclusively serving the Leased Premises). If Landlord fails or refuses to perform in a timely manner maintenance, repair, and other improvements in, on or replacement that it is required to the Building and/or the Premises as of the date of mutual execution and delivery of perform under this Lease after Landlord’s receipt of Tenant’s written notice to undertake the same (except in the case of emergency, timely manner meaning that Landlord shall commence the maintenance, repair, or replacement not later than thirty (30) days after receipt of such notice and all Alterations made in thereafter shall diligently attempt to complete the maintenance, repair, or replacement), then Tenant shall have the right, but not the obligation, to undertake such work upon giving an additional three (3) business days’ written notice to Landlord specifying that Tenant will undertake such work if Landlord has not commenced the Building and/or the Premises after the date of mutual execution and delivery of this Leasemaintenance, repair, or replacement within such additional three (3)-business day period. Notwithstanding anything contained in this Section 10(d) However, Landlord shall not have any obligation to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of repair damage caused by the negligence or willful misconduct or omission of Tenant or any of Tenant’s , its agents, employees, shippers, customerscontractors, invitees or contractors licensees. Landlord shall have the right, but not the obligation, to undertake repair work which Tenant is required to perform under this Lease and which Tenant fails or refuses to perform in a timely and efficient manner after Tenant’s receipt of Landlord’s written notice to undertake such repairs (individually a “Tenant Party” or “Tenant Related Party” and collectively except in the “Tenant Parties” or “Tenant Related Parties”)case of emergency, timely manner meaning that Tenant shall pay commence the maintenance, repair, or replacement not later than thirty (30) days after receipt of such notice and thereafter shall diligently attempt to complete the maintenance, repair, or replacement). Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs incurred by Landlord in performing any such repair for the full account of Tenant, together with an amount equal to five percent (5%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the Leased Premises or the Project. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord or terminate this Lease by reason of the deductible condition of the Leased Premises or any needed repairs. All costs of Landlord in performing the work described in this Section shall be included in Basic Operating Costs (except for those costs that are included in Additional Rent under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantthe terms of this Lease).

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises Premises, the Building and the Property and shall proceed with use commercially reasonable efforts and diligence to restore the Premises and the Building and the Property within a reasonable time, not to exceed the applicable Repair Period, to substantially the same condition as they that existed immediately before such Casualty; however, Landlord shall only be required to reconstruct the Premises to the extent of any improvements existing therein on the date of the Casualty that were installed by Landlord as part of the Landlord’s Work (as defined in Exhibit B) (“Landlord’s Contribution”), and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of plus the deductible under Landlord’s insurance policy policy. Tenant shall be responsible for repairing or replacing its furniture, equipment, fixtures, alterations and other improvements (including Tenant’s Work) that Landlord is not obligated to restore, and shall use the proceeds of its insurance for such purpose; provided, however, Landlord will deliver to Tenant the balance of the insurance proceeds received by Landlord, if any, in excess of Landlord’s Contribution. Prior to Landlord’s commencement of reconstruction, Tenant shall furnish Landlord other assurances, reasonably acceptable to Landlord, of payment of Landlord’s estimate of Tenant’s Contribution. Notwithstanding the terms of Section 14.(b), if Landlord fails to complete the reconstruction of the Premises, the Building and the Property and deliver possession of the Premises to Tenant in the condition herein contemplated within the applicable Repair Period, then Tenant may terminate this Lease at any amounts time prior to Landlord’s completion of such repairs and reconstruction by delivering written notice to Landlord of its election to terminate at any time after the expiration of the applicable Repair Period. If Landlord has elected or is obligated to repair and reconstruct the Premises, then the Term shall be extended by a period of time equal to the period of such repair and reconstruction; provided, however, nothing in this Section 14.(d) shall modify the rights of Landlord or the dates set forth in Section 20. To the extent that any portion of the Premises is not insured. This suitable for occupancy by Tenant during the period of any such repair and reconstruction, if any alternative space is available in the Building or any other building owned or operated by Landlord in Victory Park, Landlord agrees (i) to use commercially reasonable efforts to provide such alternative space as Tenant may reasonably require at the per-square-foot rental rate then in effect under the Lease shall continue and (ii) to pay Tenant’s cost of relocation to and from the Premises, not to exceed $2.00 per Net Rentable Square Foot, in full force and effect without any abatement or reduction in Rent or other payments owed by Tenanteach instance, of the Premises rendered Untenantable as a result of such Casualty.

Repair Obligation. If neither party elects to exercise any right it may have to terminate this Lease Lease, or neither party is entitled to terminate this Lease, following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time as soon as reasonably practicable after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any alterations or improvements made by Tenant within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense to the extent of the insurance proceeds actually received by Tenant for the Casualty in question, or the extent of the insurance proceeds Tenant would have received but for Landlord’s failure to carry the insurance policies it is required to carry under this Lease) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building. Except for the amount of any excess deficiency Tenant agrees to fund pursuant to Section 16(c)(3) above, Landlord’s repair and restoration obligations under this Section 16(d) shall be performed at Landlord’s sole cost and shall not be part of Operating Expenses, provided that Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (as or the same may extent of the insurance proceeds Landlord would have been reduced by amounts actually received but for Landlord’s failure to carry the insurance policies it is required to carry under this Lease), plus the amount of any excess deficiency Tenant agrees to fund. If this Lease is terminated under the provisions of this Section 16, Landlord shall be paid entitled to Landlord’s current Mortgagee without the ability to use such full proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person providing coverage for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), all alterations and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises (and, if Tenant has failed to maintain insurance on such items as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of required by this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If Landlord shall have failed to complete the restoration by a date that is thirty (30) days following the Anticipated Restoration Date, and such failure was not caused in whole or in part by any Tenant Party or events beyond Landlord’s reasonable control, then Tenant may terminate this Lease by delivering written notice to Landlord of its intention to terminate within sixty (60) days after the full amount of the deductible under Landlord’s insurance policy Anticipated Restoration Date; provided, however, that such termination shall be automatically rescinded, and any amounts not insured. This this Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by effect, if Landlord substantially completes the restoration within sixty (60) days after receipt of Tenant’s notice of intention to terminate.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, other than building standard leasehold improvements and any Alterations, Landlord shall not be required to repair or replace any betterments within the Premises (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant’s sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises or the Building, and Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question (question. If neither party elects to terminate this Lease as provided in this Section 15, and the same may have been reduced by amounts required to be paid to substantial completion of Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrarywork does not occur within one hundred eighty (180) days (or, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereofif longer, the “Leasehold Improvements” shall mean all tenant and other improvements period set forth in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises Damage Notice) after the date of mutual execution and delivery Tenant’s receipt of the Damage Notice, Tenant may, at any time after the expiration of such applicable period, but prior to the date Landlord’s restoration work is substantially completed, deliver to Landlord written notice to terminate this Lease, in which event this Lease shall terminate if the Premises are not restored within sixty (60) days after Landlord’s receipt of said notice. If this Lease is terminated under the provisions of this Lease. Notwithstanding anything contained in this Section 10(d) 15, Landlord shall be entitled to the contraryfull proceeds of the insurance policies providing coverage for all Alterations in the Premises (and, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed Tenant has failed to maintain insurance on such items as a result of the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”)required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord the full amount of the deductible under Landlord’s would have received had Tenant maintained insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed on such items as required by Tenantthis Lease).

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Landlord shall, within a reasonable time as soon as commercially practicable after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord shall not be required to repair or replace any improvements, alterations or additions to the Premises made by Tenant (which shall be promptly and with due diligence repaired and restored by Tenant at Tenant's sole cost and expense) or any furniture, equipment, trade fixtures or personal property of Tenant or others in the Premises, and Landlord’s 's obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question question. Notwithstanding the foregoing, if any insurance policy taken out by Landlord covers any of the improvements, alterations or additions to the Premises made by Tenant (as it being understood and agreed that Landlord has no obligation to obtain or maintain such insurance coverage), then to the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without extent that Landlord actually collects the ability to use such proceeds towards of insurance for the repair or restoration replacement of the Premises)foregoing, Landlord will make such proceeds available to Tenant for the repair or replacement thereof. Any deductible payable If this Lease is terminated under Landlord’s the provisions of this Section 14, Landlord shall be entitled to the full proceeds of the insurance policies shall be deemed providing coverage for all improvements, alterations or additions in the Premises. Nothing herein is intended to be a Building Operating Expense hereunder. Notwithstanding prohibit Tenant from separately insuring, at Tenant's expense, any other provision of this Lease improvements, alterations or additions to the contraryPremises made by Tenant and in such event, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or may retain the proceeds of any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building or any other part of the San Diego Facility are wholly or partially damaged or destroyed insurance payable with respect thereto as a result of a Casualty, as long as the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay amounts payable to Landlord under its policy of insurance covering such improvements, alterations or additions are not reduced. If, at the full amount time that Tenant makes any improvements, alterations or additions, Landlord agrees, in writing, that such improvements, alterations or improvements will belong solely to Tenant and shall be removed at the end of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed Term by Tenant, then Landlord shall not insure same and Tenant may, if it so desires, insure same.

Repair Obligation. If neither party elects to terminate this Lease following a Casualty and there has not been a Material Casualty EventCasualty, then Tenant shall deliver to Landlord the amount of all insurance proceeds received by Tenant and the amount of Tenant’s deductible under such applicable insurance policies and thereafter Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall promptly proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, . Landlord’s obligation to repair or restore the Premises shall be limited to the extent of the insurance proceeds actually received by Landlord for the Casualty in question question. If this Lease is terminated under the provisions of this Section 21, Landlord shall be entitled to the full proceeds of the insurance policies covering the Premises (and, if Tenant has failed to maintain insurance on such items as required by this Lease, Tenant shall pay Landlord an amount equal to the proceeds Landlord would have received had Tenant maintained insurance on such items as required by this Lease). If Landlord does not complete the restoration of the Premises within 120 days after the time period estimated by Landlord to repair the damage caused by such Casualty as specified in the Damage Notice, as the same may be extended by force majeure or delays caused by a Tenant Party, Tenant may terminate this Lease by delivering written notice to Landlord and Landlord’s Mortgagee within ten days following the expiration of such 120-day period (as the same may have been reduced by amounts required be extended as set forth above) and prior to the date upon which Landlord substantially completes such restoration. Such termination shall be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration effective as of the Premises)date specified in Tenant’s termination notice (but not earlier than 30 days nor later than 90 days after the date of such notice) as if such date were the date fixed for the expiration of the Term. Any deductible payable under Landlord’s insurance policies If Tenant fails to timely give such termination notice, Tenant shall be deemed to be a Building Operating Expense hereunderhave waived its right to terminate this Lease, time being of the essence with respect thereto. Notwithstanding any other provision the foregoing, if upon the receipt of Tenant’s written election to terminate this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below), and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereof, the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on or to the Building and/or the Premises as of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained provided in this Section 10(d) to 21(d), Landlord reasonably believes it can complete the contrary, if the Premises, Building or any other part restoration of the San Diego Facility are wholly or partially damaged or destroyed as a result Premises within 30 days following the receipt of the negligence or willful misconduct or omission of Tenant or any of such notice, Landlord may, in its sole discretion, elect to proceed with such restoration and, provided Landlord substantially completes such restoration within such 30-day period, Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” election to terminate shall be null and collectively the “Tenant Parties” or “Tenant Related Parties”), Tenant shall pay to Landlord the full amount of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue in full force and effect without any abatement or reduction in Rent or other payments owed by Tenantvoid.

Repair Obligation. If neither party elects Subject to Tenant's obligations under Section 3.04 to pay Tenant's Proportionate Share of Basic Operating Cost, Landlord shall maintain and repair, in a manner consistent with the Comparable Buildings (as defined in Section 8.01(a)(2)), all elements of the Project that are not the express obligation of Tenant or other tenants of the Project, including without limitation: (i) the structural portions of the Building; (ii) the exterior walls of the Building, including exterior glass and glazing; (iii) the roof (including both membrane and structure); (iv) all mechanical (including the HVAC system), electrical, plumbing and life safety systems; (v) the Common Areas; (vi) the Project parking area; and (vii) landscaped areas (if any). However, Landlord shall not have any obligation to repair damage caused by Tenant, its agents, employees, contractors, invitees or licensees. Landlord shall have the right, but not the obligation, to undertake work of repair which Tenant is required to perform under this Lease and which Tenant defaults in its obligation to perform. Tenant shall reimburse Landlord upon demand, as Additional Rent, for all costs reasonably incurred by Landlord in performing any such repair for the account of Tenant, together with an amount equal to five percent (5%) of such costs to reimburse Landlord for its administration and managerial effort. Except as specifically set forth in this Lease, Landlord shall have no obligation whatsoever to maintain or repair the Leased Premises. The parties intend that the terms of this Lease govern their respective maintenance and repair obligations. Tenant expressly waives the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease with respect to such obligations or which affords Tenant the right to make repairs at the expense of Landlord or terminate this Lease following a Casualty and there has not been a Material Casualty Event, then Landlord shall, within a reasonable time after such Casualty, begin to repair the Premises and shall proceed with reasonable diligence to restore the Premises to substantially the same condition as they existed immediately before such Casualty; however, Landlord’s obligation to repair or restore the Premises shall be limited to the extent by reason of the insurance proceeds actually received by Landlord for the Casualty in question (as the same may have been reduced by amounts required to be paid to Landlord’s current Mortgagee without the ability to use such proceeds towards the repair or restoration condition of the Premises). Any deductible payable under Landlord’s insurance policies shall be deemed to be a Building Operating Expense hereunder. Notwithstanding any other provision of this Lease to the contrary, under no circumstances shall Landlord be required to repair, replace or compensate Tenant Leased Premises or any other Person for the repair, restoration or replacement of (i) Tenant’s Property, or (ii) any Leasehold Improvements (as defined below)needed repairs. Landlord shall perform and construct, and Tenant shall promptly repair and replace all such Leasehold Improvements at Tenant’s sole cost and expense. For purposes hereofhave no responsibility to perform or construct, any repair, maintenance or improvements (a) necessitated by the “Leasehold Improvements” shall mean all tenant and other improvements in and to the Premises, including, without limitation, all such tenant and other improvements in, on acts or to the Building and/or the Premises as omissions of the date of mutual execution and delivery of this Lease and all Alterations made in or to the Building and/or the Premises after the date of mutual execution and delivery of this Lease. Notwithstanding anything contained in this Section 10(d) to the contrary, if the Premises, Building Landlord or any other part occupant of the San Diego Facility are wholly Building, or partially damaged their respective agents, employees or destroyed contractors, (b) for which Xxxxxxxx has a right of reimbursement from others, and (c) which could be treated as a result of "capital expenditure" under generally accepted accounting principles. Notwithstanding the negligence or willful misconduct or omission of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors (individually a “Tenant Party” or “Tenant Related Party” and collectively the “Tenant Parties” or “Tenant Related Parties”)foregoing, Tenant shall pay to Landlord the full amount for its share of the deductible under Landlord’s insurance policy and any amounts not insured. This Lease shall continue repairs described in full force and effect without any abatement or reduction subsection (c) to the extent such costs are properly included in Rent or other payments owed by TenantBasic Operating Costs.