Common use of SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS Clause in Contracts

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 After obtaining Master Landlord’s prior written consent thereto, Subtenant shall install electrical meters acceptable to Sublandlord to measure electricity consumption in the Sublease Premises, at Subtenant’s sole cost and expense. To the extent that utility consumption costs, including without limitation, electric and other charges incurred in connection with lighting, and providing electrical power and heating, ventilating and air conditioning service to the Sublease Premises are separately metered and billed directly to Subtenant, Subtenant shall be responsible for paying all such costs before delinquency. To the extent such utilities are not separately metered to the Sublease Premises and billed directly to Master Landlord or Sublandlord, Subtenant shall pay Subtenant’s Share of such costs as Additional Rent or Other Charges in accordance with Section 4. Sublandlord shall include in Other Charges any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises. Subtenant acknowledges that, if the Master Lease so provides, the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Charges. Sublandlord grants to Subtenant the right, so long as Subtenant is not in Default, to receive all of the services and benefits with respect to the Sublease Premises which are to be provided by Master Landlord under the Master Lease. Sublandlord shall have no duty to perform any obligations of Master Landlord which are, by their nature, the obligation of an owner or manager of real property. By way of illustration and not limitation, Sublandlord shall not be required to provide any services (including janitorial, utilities, heating, ventilation and air conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance or repairs which Master Landlord is or may be required to provide or perform under the Master Lease. Sublandlord shall have no responsibility for or be liable to Subtenant for any default, failure or delay on the part of Master Landlord in the performance or observance by Master Landlord of any of its obligations under the Master Lease, nor shall such default by Master Landlord affect this Sublease or waive or defer the performance of any of Subtenant’s obligations under this Sublease, including without limitation the obligation to pay Rent; and Subtenant hereby expressly waives the provisions of any statute, ordinance or judicial decision, now or hereafter in effect, which would give Subtenant the right to make repairs at the expense of Sublandlord or Master Landlord, or to claim any actual or constructive eviction by virtue of any interruption in access, services or utilities to, or any failure to make repairs in or to, the Sublease Premises or the Building, including without limitation any rights under California Civil Code Sections 1932(1) and 1931(2), 1933(4), 1941 or 1942. Notwithstanding the foregoing, the parties do contemplate that Master Landlord will, in fact, perform its obligations under the Master Lease and in the event of any default or failure of such performance by Master Landlord, Sublandlord agrees that it will, upon notice from Subtenant, make demand upon Master Landlord to perform its obligations under the Master Lease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligations. Sublandlord, however, shall have no obligation to sxx the Master Landlord on Subtenant’s behalf or to terminate the Master Lease as a result of any such default or failure by Master Landlord. 7.2 Subtenant shall contract for its own waste removal and shall pay the provider directly. Subtenant shall maintain the Sublease Premises in a clean and orderly manner and condition, to the extent that Sublandlord is required to maintain the Sublease Premises under the Master Lease. 7.3 Without limiting Subtenant’s obligations as incorporated from the Master Lease, Subtenant shall comply with all Laws and of all insurance bodies and their fire prevention engineers at any time in force, applicable to the use, condition, occupancy or modification of the Sublease Premises, including without limitation, all Laws promulgated or applicable as a result of the Americans with Disabilities Act. Without limiting the generality of the foregoing, Subtenant shall be responsible for all modifications (including structural modifications) to the Sublease Premises or Building triggered or required as a result of Subtenant’s particular use or modification of the Sublease Premises. All provisions of the Master Lease relating to the Tenant’s or Sublandlord’s use of or liability arising from Hazardous Materials (as defined in the Master Lease) are hereby incorporated herein, with the term “Subtenant” substituted for Tenant, except that Sublandlord is not assuming any responsibility or liability with respect to any Hazardous Materials brought onto the Premises by others or any liabilities of Master Landlord under the Master Lease or any liabilities of Sublandlord with regard to the Building or the Master Premises or with regard to matters pertaining to the Sublease Premises prior to the Commencement Date. Subtenant shall not be responsible for paying any costs or expenses as Rent or otherwise for the investigation or remediation of Hazardous Materials affecting the Sublease Premises or the underlying land unless such contamination is attributable to the use or occupancy of the Sublease Premises by Subtenant or the activities of Subtenant, its employees, contractors or invitees. 7.4 Sublandlord will not be responsible for any lost or stolen property, equipment, money or jewelry from the Sublease Premises or the Building.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 After obtaining Master Landlord’s prior written consent thereto, Subtenant shall install electrical meters acceptable to Sublandlord to measure electricity consumption in the Sublease Premises, at Subtenant’s sole cost and expense. To the extent that utility consumption costs, including without limitation, electric and other charges incurred in connection with lighting, and providing electrical power and heating, ventilating and air conditioning service to the Sublease Premises are separately metered and billed directly to Subtenant, Subtenant shall be responsible for paying all such costs before delinquency. To the extent such utilities are not separately metered to the Sublease Premises and billed directly to Master Landlord or Sublandlord, Subtenant shall pay Subtenant’s Share of such costs as Additional Rent or Other Charges in accordance with Section 4. Sublandlord shall include in Other Charges any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises. Subtenant acknowledges that, if the Master Lease so provides, the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Charges7.1. Sublandlord grants to Subtenant the right, so long as Subtenant is not in Default, to receive all of the services and benefits with respect to the Sublease Premises which are to be provided by Master Landlord under the Master Lease. Except as specifically provided in the last sentence of this Section 7.1, nothing in this Sublease imposes any obligation or duty on Sublandlord shall have no duty to perform any obligations of Master Landlord which are, by their nature, the obligation of an owner or manager of real property. By way of illustration and not limitation, Sublandlord shall not be required to provide any services (including janitorial, utilities, heating, ventilation and air conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance or repairs which Master Landlord is or may be required to provide or perform under the Master Lease. Sublandlord shall have no responsibility for or be liable to Subtenant for any default, failure or delay on the part of Master Landlord in the performance or observance by Master Landlord of any of its obligations under the Master Lease, nor shall such default by Master Landlord affect this Sublease or waive or defer the performance of any of Subtenant’s obligations under this Sublease, including without limitation the obligation to pay Rent; and Subtenant hereby expressly waives the provisions of any statute, ordinance or judicial decision, now or hereafter in effect, which would give Subtenant the right to make repairs at the expense of Sublandlord or Master Landlord, or to claim any actual or constructive eviction by virtue of any interruption in access, services or utilities to, or any failure to make repairs in or to, the Sublease Premises or the Building, including without limitation any rights under California Civil Code Sections 1932(1) and 1931(2), 1933(4), 1941 or 1942. Notwithstanding the foregoing, the parties do Parties contemplate that Master Landlord will, in fact, perform its obligations under the Master Lease and in the event of any default or failure of such performance by Master Landlord, Sublandlord agrees that it will, upon notice from Subtenant, make demand upon Master Landlord to perform its obligations under the Master Lease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligationsLease. Sublandlord, however, shall have no obligation to sxx the initiate any legal proceeding or bring any lawsuit against Master Landlord on Subtenant’s behalf or to terminate the Master Lease as a result of any such default or failure by Master Landlord. As Manager under the Facilities Agreement, during the term of the Facilities Agreement Sublandlord shall provide services to the Building and the Sublease Premises in accordance with the requirements of the Facilities Agreement and, with respect to the Sublease Premises, to a standard at least equivalent to the standard of service provided to the remainder of the Building. 7.2 Subtenant shall contract for its own waste removal and shall pay the provider directly7.2. Subtenant shall maintain the Sublease Premises in a clean and orderly manner and condition, to the extent that Sublandlord is required to maintain the Sublease Premises under the Master LeaseLease or the Facilities Agreement, as applicable. 7.3 7.3. Sublandlord represents and warrants to Subtenant that, as of the Effective Date, the Sublease Premises are in compliance in all material respects with the requirements of the Master Lease and of all Laws and of all insurance bodies and their fire prevention engineers, as then in effect. Without limiting Subtenant’s obligations as incorporated from the Master Lease, Subtenant shall comply with all Laws and of all insurance bodies and their fire prevention engineers at any time in force, applicable to the use, condition, occupancy or modification of the Sublease Premises, including without limitation, all Laws promulgated or applicable as a result of the Americans with Disabilities Act. Without limiting the generality of the foregoing, Subtenant shall be responsible for all modifications (including structural modifications) to the Sublease Premises or Building triggered or required as a result of Subtenant’s particular use or modification of the Sublease PremisesPremises but only if such use or modification is not already in place as of the Commencement Date. All provisions of the Master Lease relating to the Tenant’s or Sublandlord’s use of or liability arising from Hazardous Materials (as defined in the Master Lease) connecting with environmental Laws are hereby incorporated herein, with the term “Subtenant” substituted for Tenant, except that Sublandlord is not assuming any responsibility or liability with respect to any Hazardous Materials brought onto the Premises by others or any liabilities of Master Landlord under the Master Lease or any liabilities of Sublandlord in connection with regard to breaches by either of them of any environmental Laws or breaches by others Hazardous Substances brought onto the Building or the Master Premises or with regard to matters pertaining to the Sublease Premises prior to the Commencement Date. Subtenant shall not be responsible for paying any costs or expenses as Rent or otherwise for the investigation or remediation of Hazardous Materials affecting the Sublease Premises or the underlying land unless such contamination is attributable to the use or occupancy of the Sublease Premises by Subtenant or the activities of Subtenant, its employees, contractors or inviteesothers. 7.4 Sublandlord will not be responsible for any lost or stolen property, equipment, money or jewelry from the Sublease Premises or the Building.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 After obtaining Pursuant to Article 21 of the Master Landlord’s prior written consent theretoLease, Subtenant shall install electrical meters acceptable the Master Landlord is to Sublandlord furnish to measure electricity consumption in the Sublease Premises (including the Subleased Premises, at Subtenant’s sole cost ) during Business Days from 8 a.m. to 6 p.m. certain services and expense. To the extent that utility consumption costsutilities, including without limitation, electric after-hours electricity and other charges incurred in connection with lighting, and providing electrical power and heating, ventilating and air conditioning service to the Sublease Premises are separately metered and billed directly to Subtenant, Subtenant shall be responsible for paying all such costs before delinquencyHVAC. To the extent such utilities are not separately metered to the Sublease Premises and billed directly to Master Landlord or Sublandlord, Subtenant shall pay Subtenant’s Share of such costs as Additional Rent or Other Charges in accordance with Section 4currently charges Sublandlord $75.00 per hour for after-hours HVAC. Sublandlord shall include in Other Charges Costs any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises, without markup. Subtenant acknowledges that, if the Master Lease so provides, that the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other ChargesCosts. Sublandlord grants to Subtenant the right, so long as Subtenant is not in Default, to receive all of the services and benefits with respect to the Sublease Premises which are to be provided by Master Landlord under the Master Lease. Sublandlord shall have no duty to perform any obligations of Master Landlord which are, by their nature, the obligation of an owner or manager of real property. By way of illustration and not limitation, Sublandlord shall not be required to provide any insurance or services (including janitorial, utilities, heating, ventilation those services and air conditioning serviceequipment identified in Article 21 of the Master Lease, security, or use of common areas or parking facilities) or to perform any maintenance maintenance, repairs, alterations or repairs improvements which Master Landlord is or may be required to provide or perform under the Master Lease. Sublandlord shall have no responsibility for or be liable to Subtenant for any default, failure or delay on the part of Master Landlord in the performance or observance by Master Landlord of any of its obligations under the Master Lease, nor shall such default by Master Landlord affect this Sublease or waive or defer the performance of any of Subtenant’s 's obligations under this Sublease, including without limitation the obligation to pay Rent; and Subtenant hereby expressly waives the provisions of any statute, ordinance or judicial decision, now or hereafter in effect, which would give Subtenant the right to make repairs at the expense of Sublandlord or Master Landlord, or to claim any actual or constructive eviction by virtue of any interruption in access, services or utilities to, or any failure to make repairs in or to, the Sublease Premises or the Building, including without limitation any rights under California Civil Code Sections 1932(1) and 1931(2), 1933(4), 1941 or 1942. Notwithstanding the foregoing, the parties do contemplate that Master Landlord will, in fact, perform its obligations under the Master Lease and in the event of any default or failure of such performance by Master Landlord, Sublandlord agrees that it will, upon notice from Subtenant, make demand upon Master Landlord to perform its obligations under the Master Lease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligationsLease. Sublandlord, however, shall have no obligation to sxx xxx the Master Landlord on Subtenant’s 's behalf or to terminate the Master Lease as a result of any such default or failure by Master Landlord. 7.2 Subtenant shall contract for its own waste removal and shall pay the provider directly. Subtenant shall maintain the Sublease Premises in a clean and orderly manner and condition, to the extent that Sublandlord is required to maintain the Sublease Premises under the Master Lease. 7.3 Without limiting Subtenant’s 's obligations as incorporated from the Master Lease, Subtenant shall comply with all Laws laws and ordinances, and all orders, rules and regulations of all governmental authorities and of all insurance bodies and their fire prevention engineers at any time in force, applicable to the use, condition, occupancy or modification of the Sublease Premises, including without limitation, all Laws laws, rules, regulations, ordinances and code provisions promulgated or applicable as a result of the Americans with Disabilities Act. Without limiting the generality of the foregoing, Subtenant Tenant shall be responsible for all modifications (including structural modifications) to the Sublease Premises or Building triggered or required as a result of Subtenant’s Tenant's particular use or modification of the Sublease Premises. All provisions of the Master Lease relating to the Tenant’s 's or Sublandlord’s 's use of or liability arising from Hazardous Materials (as defined in the Master Lease) are hereby incorporated herein, with the term “"Subtenant” " substituted for Tenant, except that Sublandlord is not assuming any responsibility or liability with respect to any Hazardous Materials brought onto the Premises by others or any liabilities of Master Landlord under the Master Lease or any liabilities of Sublandlord with regard to the Building or the Master Premises or with regard to matters pertaining to the Sublease Premises prior to the Commencement Date. Subtenant shall not be responsible for paying any costs or expenses as Rent or otherwise for the investigation or remediation of Hazardous Materials affecting the Sublease Premises or the underlying land unless such contamination is attributable to the use or occupancy of the Sublease Premises by Subtenant or the activities of Subtenant, its employees, contractors or inviteesLease. 7.4 Sublandlord will not be responsible for any lost or stolen property, equipment, money or jewelry from the Sublease Premises or the Building.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 After obtaining Master Landlord’s prior written consent thereto8.1 Amyris grants to TOTAL the right to receive, Subtenant shall install electrical meters acceptable to Sublandlord to measure electricity consumption in during the Sublease PremisesTerm, at Subtenant’s sole cost and expense. To the extent that utility consumption costs, including without limitation, electric and other charges incurred in connection with lighting, and providing electrical power and heating, ventilating and air conditioning service to the Sublease Premises are separately metered and billed directly to Subtenant, Subtenant shall be responsible for paying all such costs before delinquency. To the extent such utilities are not separately metered to the Sublease Premises and billed directly to Master Landlord or Sublandlord, Subtenant shall pay Subtenant’s Share of such costs as Additional Rent or Other Charges in accordance with Section 4. Sublandlord shall include in Other Charges any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises. Subtenant acknowledges that, if the Master Lease so provides, the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Charges. Sublandlord grants to Subtenant the right, so long as Subtenant is not in Default, to receive all of the services and benefits with respect to the Sublease Premises which that are to be provided by Master Landlord under the Master Lease. Sublandlord If any services pertaining to the Sublease Premises are contracted for directly by Amyris, TOTAL shall also have the right to receive the benefit of those services through Amyris at no duty to perform any obligations of Master Landlord which areadditional charge, by their nature, the obligation of an owner or manager of real propertyexcept as otherwise expressly provided in this Sublease. By way of illustration and not limitation, Sublandlord Amyris shall not be required to provide any services (including janitorial, utilities, heating, ventilation and air conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance or repairs or work or obtain any insurance which Master Landlord is or may be required to provide or perform under the Master Lease. Sublandlord Amyris shall have no responsibility for or be liable to Subtenant TOTAL for any default, failure or delay on the part of Master Landlord in the performance or observance by Master Landlord of any of its obligations under the Master Lease, nor shall such default by Master Landlord affect this Sublease or waive or defer the performance of any of SubtenantTOTAL’s obligations under this Sublease, including without limitation the obligation to pay Rent; and Subtenant , except to the extent a default by Master Landlord that affects the Sublease Premises results in a waiver or deferral of Amyris’s obligations under the Master Lease that are to be performed by TOTAL under this Sublease or to the extent Amyris receives an abatement of rent under the Master Lease as set forth in Section 4.5 above. TOTAL hereby expressly waives (i) the provisions of any statute, ordinance or judicial decision, now or hereafter in effect, which would give Subtenant TOTAL the right to make repairs at the expense of Sublandlord Amyris or Master Landlord, or (ii) to claim any actual or constructive eviction by virtue of any interruption in access, services or utilities to, or any failure to make repairs in or to, the Sublease Premises or the Building, including without limitation limitation, any rights under California Civil Code Sections Section 1932(1) and 1931(2), 1933(41933 (4), 1941 or 1942. Notwithstanding the foregoing, the parties do contemplate that Master Landlord will, in fact, perform its obligations under the Master Lease and in the event of any default or failure of such performance by Master Landlord, Sublandlord Amyris agrees that it will, upon notice from SubtenantTOTAL, make demand upon take all commercially reasonable actions necessary to cause Master Landlord to perform its obligations under the Master Lease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligationsLease. SublandlordAmyris, however, shall have no obligation to sxx the xxx Master Landlord on SubtenantTOTAL’s behalf or to terminate the Master Lease as a result of any such default or failure by Master Landlord. Notwithstanding the foregoing, if Master Landlord’s default or failure to perform its obligations under the Master Lease interferes with or adversely affects TOTAL’s use of the Sublease Premises and Amyris’ efforts to enforce the Master Lease do not result in Master Landlord curing the default or failure within the time period provided to Master Landlord under the Master Lease to cure such default or failure, Amyris shall not be deemed to be in default of its obligations hereunder, but in such event TOTAL, at TOTAL’s expense, shall have the right to institute legal proceedings in Amyris’ name (i.e., by naming Amyris as the plaintiff) and Amyris shall reasonably cooperate with TOTAL, without expense to Amyris, as necessary or desirable in connection with such proceedings. TOTAL shall provide Amyris with copies of any pleadings or other documents TOTAL proposes to file in any such legal proceedings prior to filing thereof. TOTAL shall protect, indemnify, defend and hold Amyris harmless from and against all Losses (as defined in Section 9.3) arising from any legal proceeding brought by TOTAL pursuant to this Section 8.1, except to the extent caused by the gross negligence or willful misconduct of Amyris. 7.2 Subtenant shall contract for its own waste removal and shall pay the provider directly. Subtenant 8.2 TOTAL shall maintain the Sublease Premises TOTAL Dedicated Area in a clean and orderly manner and condition, and Amyris shall maintain the OCT Facilities in a clean and orderly manner and condition, in each case, to the extent that Sublandlord Amyris is required to maintain the Sublease Premises under the Master Lease. In addition, Amyris shall maintain the Furniture and Equipment such that it is maintained in accordance with all SOPs. 7.3 Without limiting Subtenant’s obligations as incorporated from 8.3 Notwithstanding anything herein or in the Master LeaseLease to the contrary, Subtenant in no event shall TOTAL be responsible for making or paying for improvements to bring the Sublease Premises into compliance with Laws, including, without limitation, disability access laws, unless (A) (i) the applicable Laws become effective after the Commencement Date, and (ii) the improvements are necessitated solely by reason of TOTAL’s unique and specific use of the TOTAL Dedicated Area (i.e., other than for the uses contemplated by Section 1.9 above); or (B) the improvements are necessitated solely by the improvements constructed by or for TOTAL, pursuant to Section 11 below; provided, however, TOTAL shall be responsible for compliance with all Laws (including disability access laws) related to TOTAL’s employees and the arrangement of any furniture, equipment or personal property in the TOTAL Dedicated Area. 8.4 TOTAL shall comply with all Hazardous Materials Laws and of all insurance bodies terms and their fire prevention engineers at any time in force, applicable to the use, condition, occupancy or modification conditions of the Sublease Premises, Master Lease (including without limitation, all Laws promulgated or applicable as a result Section 7.1(d) thereof) with respect to any Hazardous Materials (including any Permitted Hazardous Materials) handled by TOTAL in and about the TOTAL Dedicated Area. Amyris consents to TOTAL’s Handling of the Americans with Disabilities ActHazardous Materials listed on Exhibit B attached hereto, subject to Master Landlord’s approval of such list. Without limiting the generality Upon Master Landlord’s approval of the foregoingitems listed on Exhibit B, Subtenant such items shall be responsible for all modifications (including structural modifications) to the Sublease Premises or Building triggered or required as a result of Subtenant’s particular use or modification of the Sublease Premises. All provisions of the Master Lease relating to the Tenant’s or Sublandlord’s use of or liability arising from deemed Permitted Hazardous Materials (as defined in the Master Lease). Notwithstanding Section 7.1(d)(5) of the Master Lease, the proviso in the third sentence of that section that imposes the burden of proof on TOTAL (i) shall only apply to the TOTAL Dedicated Area and (ii) shall not apply if the Hazardous Materials that are the subject of a Release (as defined in the Master Lease) are hereby incorporated hereinused by both TOTAL and Amyris. Further, with the term “Subtenant” substituted for Tenantobligation to complete an environmental study, except that Sublandlord is not assuming any responsibility or liability with respect to any Hazardous Materials brought onto the Premises as required by others or any liabilities Section 7.1(d)(10) of Master Landlord under the Master Lease or any liabilities of Sublandlord with regard to the Building or the Master Premises or with regard to matters pertaining to the Sublease Premises prior to the Commencement Date. Subtenant Lease, shall not be responsible for paying any costs or expenses as Rent or otherwise for the investigation or remediation of Hazardous Materials affecting the Sublease Premises or the underlying land unless such contamination is attributable apply to the use or occupancy of the Sublease Premises by Subtenant or the activities of Subtenant, its employees, contractors or inviteesTOTAL. 7.4 Sublandlord will not be responsible for any lost or stolen property, equipment, money or jewelry from the Sublease Premises or the Building.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 After obtaining Master Landlord’s prior written consent thereto, Subtenant shall install electrical meters acceptable to Sublandlord to measure electricity consumption in the Sublease Premises, at Subtenant’s sole cost and expense. To the extent that utility consumption costs, including without limitation, electric and other charges incurred in connection with lighting, and providing electrical power and heating, ventilating and air conditioning service to the Sublease Premises are separately metered and billed directly to Subtenant, Subtenant shall be responsible for paying all such costs before delinquency. To the extent such utilities are not separately metered to the Sublease Premises and billed directly to Master Landlord or Sublandlord, Subtenant shall pay Subtenant’s Share of such increases in utility costs over the cost of utilities during the Base Year as Additional Rent Pass Through Costs or Other Charges in accordance with Section 4. Master Landlord may charge Sublandlord for after-hours electrical and HVAC in accordance with Section 15 of the Master Lease. Sublandlord shall include in Other Charges (pursuant to Section 4.4 hereof) any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises, without markup. Subtenant acknowledges that, if the Master Lease so provides, that the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Charges. Sublandlord grants to Subtenant the right, so long as Subtenant is not in Default, to receive all of the services and benefits with respect to the Sublease Premises which are to be provided by Master Landlord under the Master Lease. Sublandlord shall have no duty to perform any obligations of Master Landlord which are, by their nature, the obligation of an owner or manager of real property. By way of illustration and not limitation, Sublandlord shall not be required to provide any services (including janitorial, utilities, heating, ventilation and air conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance or repairs which Master Landlord is or may be required to provide or perform under the Master Lease. Sublandlord shall have no responsibility for or be liable to Subtenant for any default, failure or delay on the part of Master Landlord in the performance or observance by Master Landlord of any of its obligations under the Master Lease, nor shall such default by Master Landlord affect this Sublease or waive or defer the performance of any of Subtenant’s obligations under this Sublease, including without limitation the obligation to pay Rent; and Subtenant hereby expressly waives the provisions of any statute, ordinance or judicial decision, now or hereafter in effect, which would give Subtenant the right to make repairs at the expense of Sublandlord or Master Landlord, or to claim any actual or constructive eviction by virtue of any interruption in access, services or utilities to, or any failure to make repairs in or to, the Sublease Premises or the Building, including without limitation any rights under California Civil Code Sections 1932(1) and 1931(2), 1933(4), 1941 or 1942. Notwithstanding the foregoing, the parties do contemplate that Master Landlord will, in fact, perform its obligations under the Master Lease and in the event of any default or failure of such performance by Master Landlord, Sublandlord agrees that it will, upon notice from Subtenant, make demand upon Master Landlord to perform its obligations under the Master Lease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligationsLease. Sublandlord, however, shall have no obligation to sxx the Master Landlord on Subtenant’s behalf or to terminate the Master Lease as a result of any such default or failure by Master Landlord. 7.2 Subtenant shall contract for its own waste removal and shall pay the provider directly. Subtenant shall maintain the Sublease Premises in a clean and orderly manner and condition, to the extent that Sublandlord is required to maintain the Sublease Premises under the Master Lease. 7.3 Without limiting Subtenant’s obligations as incorporated from the Master Lease, Subtenant shall comply with all Laws and of all insurance bodies and their fire prevention engineers at any time in force, applicable to the use, condition, occupancy or modification of the Sublease Premises, including without limitation, all Laws promulgated or applicable as a result of the Americans with Disabilities Act. Without limiting the generality of the foregoing, Subtenant shall be responsible for all modifications (including structural modifications) to the Sublease Premises or Building triggered or required as a result of Subtenant’s particular use or modification of the Sublease Premises. All provisions of the Master Lease relating to the TenantSubtenant’s or Sublandlord’s use of or liability arising from Hazardous Materials (as defined in Section 4.D of the Master Lease) are hereby incorporated herein, with the term “Subtenant” substituted for Tenant, except that Sublandlord is not assuming any responsibility or liability with respect to any Hazardous Materials brought onto the Premises by others or any liabilities of Master Landlord under the Master Lease or any liabilities of Sublandlord with regard to the Building or the Master Premises or with regard to matters pertaining to the Sublease Premises prior to the Commencement Date. Subtenant shall not be responsible for paying any costs or expenses as Rent or otherwise for the investigation or remediation of Hazardous Materials affecting the Sublease Premises or the underlying land unless such contamination is attributable to the use or occupancy of the Sublease Premises by Subtenant or the activities of Subtenant, its employees, contractors or inviteesLease. 7.4 Sublandlord will not be responsible for any lost or stolen property, equipment, money or jewelry from the Sublease Premises or the Building.