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

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 Pursuant to Article 21 of the Master Lease, the Master Landlord is to furnish to the Premises (including the Subleased Premises) during Business Days from 8 a.m. to 6 p.m. certain services and utilities, including after-hours electricity and HVAC. Master Landlord currently charges Sublandlord $75.00 per hour for after-hours HVAC. Sublandlord shall include in Other Costs any such after-hours charge with respect to the Sublease Premises, without markup. Subtenant acknowledges that the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Costs. 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 utilities, those services and equipment identified in Article 21 of the Master Lease, security, or use of common areas or parking facilities) or to perform any maintenance, repairs, alterations or 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 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. 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. Sublandlord, however, shall have no obligation to xxx 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.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 Pursuant to Article 21 of the Master Lease, the Master Landlord is to furnish to the Premises (including the Subleased Premises) during Business Days from 8 a.m. to 6 p.m. certain services and utilities, including after-hours electricity and HVAC. Master Landlord currently charges Sublandlord $75.00 per hour for after-hours HVAC. Sublandlord shall include in Other Costs any such after-hours charge with respect to the Sublease Premises, without markup. Subtenant acknowledges that the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other Costs7.1. 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 insurance or services (including utilities, those services heating, ventilation and equipment identified in Article 21 of the Master Leaseair conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance, repairs, alterations maintenance or improvements 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. 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. Sublandlord, however, shall have no obligation to xxx the initiate any legal proceeding or bring any lawsuit against 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. 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.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 Pursuant After obtaining Master Landlord’s prior written consent thereto, Subtenant shall install electrical meters acceptable to Article 21 of Sublandlord to measure electricity consumption in the Master LeaseSublease 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 is to furnish to the Premises (including the Subleased Premises) during Business Days from 8 a.m. to 6 p.m. certain services and utilitiesor Sublandlord, including after-hours electricity and HVAC. Master Landlord currently charges Sublandlord $75.00 per hour for after-hours HVACSubtenant shall pay Subtenant’s Share of such costs as Additional Rent or Other Charges in accordance with Section 4. Sublandlord shall include in Other Costs Charges any such after-hours HVAC charge imposed by Landlord with respect to the Sublease Premises, without markup. Subtenant acknowledges that 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 CostsCharges. 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, those services heating, ventilation and equipment identified in Article 21 of the Master Leaseair conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance, repairs, alterations maintenance or improvements 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 ’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 LeaseLease and use commercially reasonable efforts (at Subtenant’s expense) to cause Master Landlord to perform its obligations. Sublandlord, however, shall have no obligation to xxx sxx 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.

SERVICES, MAINTENANCE AND REPAIR OBLIGATIONS. 7.1 Pursuant to Article 21 Subtenant shall pay Subtenant’s Share of increases in utility costs over the cost of utilities during the Base Year as 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, the Master Landlord is to furnish to the Premises (including the Subleased Premises) during Business Days from 8 a.m. to 6 p.m. certain services and utilities, including after-hours electricity and HVAC. Master Landlord currently charges Sublandlord $75.00 per hour for after-hours HVAC. Sublandlord shall include in Other Costs Charges (pursuant to Section 4.4 hereof) any such after-hours charge with respect to the Sublease Premises, without markup. Subtenant acknowledges that the Master Landlord may change such after-hours charges at any time, and that any such changes will be reflected in Other CostsCharges. 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, those services heating, ventilation and equipment identified in Article 21 of the Master Leaseair conditioning service, security, or use of common areas or parking facilities) or to perform any maintenance, repairs, alterations maintenance or improvements 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 ’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. Sublandlord, however, shall have no obligation to xxx sxx 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.