Common use of Tenant’s Obligation to Maintain Clause in Contracts

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's sole expense, maintain the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation shall include the clean-out; repair and/or replacement of Tenant's garbage disposal(s), Instant-Heat or other hot water producing equipment, if any, and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building and the Tenant Improvements installed in the Premises. However, if such repairs, maintenance or cleaning are required due to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.

Tenant’s Obligation to Maintain. Except as otherwise provided in Sections 6.2 and 12. 1, Tenant shall, at Tenant's its sole cost and expense, maintain be responsible for the following during the Sublease Term: 6.1.1 Tenant shall at all times to repair and to keep in a clean and good state of tenantable repair and condition (fair wear and tear excepted), the Premises in good order and repairevery part thereof, through regular inspections and shall also keep clean any portion of servicing, including without limitation the Premises which Landlord is not obligated to clean. Such obligation shall include interior thereof, the clean-out; repair and/or replacement of Tenant's garbage disposal(sflooring, interior plaster or other surface material or rendering on walls and ceilings, fixtures therein, all doors, windows, glass, locks, fastenings (including cleaning both interior and exterior surfaces), Instant-Heat or other hot water producing equipmentinstallations and fittings for light and power, if any, and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within automatic fire extinguisher equipment in the Premises, Tenant shall advise Landlord's managing agent the roof membrane, all above ground plumbing facilities (including all sinks, toilets, faucets and drains), and all ducts, pipes, vents or other parts of such needthe HVAC or plumbing system, which request shall be presumed conclusive evidence of Tenant's obligation all electrical facilities and willingness to reimburse Landlord for such repair(sall equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs improvements and additions to the Premises and all Landlord’s fixtures, fittings and appurtenances of whatever nature affixed or fastened to the exterior wallsPremises, foundation and roof without prejudice to the generality of the Buildingforegoing, to replace at Tenant’s cost all broken or blown light bulbs, globes or tubes installed upon the Premises and to make good to the satisfaction of Landlord any damage or breakage caused to any part of the Premises or to Landlord’s fixtures and fittings therein by the bringing in or removal of Tenant’s goods or effects or resulting from any action or omission of Tenant or Tenant’s Agents. 6.1.2 Tenant shall replace any damaged or broken glass in the Premises (including all interior and exterior doors and windows) with glass of the same kind, size and quality. Tenant shall repair any damage to the Premises (including exterior doors and windows) caused by vandalism or any unauthorized entry. 6.1.3 All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural portions parts of the floors Premises or if the estimated cost of the Building, the systems and equipment any item of the Building and the Tenant Improvements installed in the Premises. However, if such repairs, maintenance repair or cleaning are required due to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance replacement is in excess of the Twenty-Five Thousand Dollars (S$25,000.00), then Tenant shall first obtain Landlord’s written approval of the scope of the work, plans therefor, materials to be used, and the contractor. 6.1.4 If any insurance proceeds available for reimbursement damage or injury is caused to Landlord or to any person whomsoever directly or indirectly on account of the condition of any part of the interior of the Premises (including flooring, walls, ceiling, doors, windows, curtain wall and its related parts including fluorocarbon coating thereon and other fixtures), to be wholly responsible therefor and to fully indemnify Landlord against all claims, demands, actions and legal proceedings whatsoever made upon Landlord by any person in respect thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under In the interpretation and application of the provisions of Section 1932(1)this sub-clause, 1941 and 1942 the decision of the Civil Code surveyor or architect of CaliforniaLandlord shall be final and binding upon Tenant.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole expense, maintain the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation maintenance and repair obligations shall include the clean-outmaintenance, cleanout; repair and/or replacement of Tenant's ’s garbage disposal(s), Instant-Heat or other hot water producing equipment, if any, and any plumbing fixtures within the Premises (including any dishwashers, water dispensers or ice-makers and refrigeration devices), and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. Tenant shall be responsible for repair of any leaks or other water migration from any plumbing fixtures located in the Premises, and shall be liable for any damage caused thereby to any Common Areas or other tenants’ premises. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's ’s managing agent of such need, which request shall be presumed conclusive evidence of Tenant's ’s obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's ’s obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building and the Tenant Improvements installed in the Premises. However, if such repairs, maintenance or cleaning are required due to Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten fifteen (1015) days after receipt of Landlord's ’s billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewithmaintenance. Tenant hereby waives all right to make repairs at Landlord's ’s expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole cost and expense, maintain keep the Premises in good order good, clean and repairsanitary order. Tenant shall use all electrical, gas and plumbing fixtures properly and keep them in good, clean and sanitary condition. Neither Tenant nor any subtenant, agent, employee or contractor of Tenant shall also keep clean destroy, deface, damage, impair or remove any portion part of the Premises, the Building or the Project or the facilities, equipment or appurtenances of the Premises, the Building or the Project. Tenant shall not place any object or series of objects on the floors of the Premises which Landlord is not obligated in such a manner as to clean. Such obligation shall include exceed the clean-out; repair and/or replacement load capacity of Tenant's garbage disposal(s)the floors on a per square inch basis as determined by any architect, Instant-Heat engineer or other hot water producing equipmentconsultant of Landlord, if anyor as otherwise limited by any law, and the cleaning and removal code, regulation, permit or certificate of any dishes and/or food prior to the same becoming unsanitarygovernmental authority. If Tenant becomes obligated to repair anything within the Premisesshall, Tenant shall advise Landlord's managing agent of such needat its sole cost and expense, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and which are required to correct any damage or deficiency caused by failure of Tenant to keep the exterior walls, foundation and roof Premises in the condition required by this Section. Tenant shall reimburse Landlord for the cost of any repair to the BuildingPremises, the structural portions Building or the Project required as a result of any misuse or neglect committed or permitted by Tenant or by any subtenant, agent, employee or contractor of Tenant. If Tenant does not make repairs promptly and adequately or fails to maintain the floors Premises as required by this Section within five (5) days after delivery of the Buildingwritten notice of any deficiency by Landlord (or if such deficiency cannot be reasonably corrected within five (5) days and Tenant shall not commence to correct such deficiency within such five (5) day period and diligently pursue completion of such correction, the systems and equipment of the Building and the Tenant Improvements installed in the Premises. Howeverthen Landlord may, if but shall not be required to, perform such repairs, maintenance and/or correction to the Premises and any amounts expended by Landlord to prosecute correction shall be reimbursed by Tenant to Landlord together with a 20% overhead charge upon demand; provided, however, that if in Landlord’s judgment, there is an emergency, Landlord may perform the repairs prior to delivery of notice to Tenant or cleaning are required due to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct expiration of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of ’s cure period. If Landlord performs such repairs, cleaning maintenance and/or corrections on behalf of Tenant, Landlord shall not be liable to Tenant for any loss or damage that may accrue to Tenant’s personal property, trade fixtures and/or records and data occasioned or resulting from such repair, maintenance and/or correction by Landlord. Entry by Landlord to pursue repair, maintenance and/or correction shall not be deemed an actual or constructive eviction and shall not entitle Tenant to any abatement or reduction of rent. Tenant shall notify Landlord in excess writing promptly upon discovery of any insurance proceeds available for reimbursement thereofdamage, including for defect or malfunction of any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of Section 1932(1), 1941 and 1942 structural or mechanical portions of the Civil Code of CaliforniaBuilding which Landlord is required to repair and maintain pursuant to Article 10 below.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole expense, maintain the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation Pursuant to the provisions of this Lease, such maintenance and repair obligations shall include the maintenance, clean-out; repair and/or replacement of Tenant's ’s garbage disposal(s), Instant-Heat or other hot or cold water producing producing, conducting or dispensing equipment, if any, and any plumbing fixtures within the Premises (including, without limitation, any dishwashers or other appliances, water dispensers, water filters, ice-makers refrigeration devices), and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. Tenant shall not be responsible for the maintenance, clean-out, repair and/or replacement of any matter or thing which resides outside of the limits of the Premises unless the same is caused by Tenant’s failure to maintain, clean-out, repair and/or replace some matter of thing which resides within the limits of the Premises and for which Tenant is responsible hereunder. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall be responsible for repair of any leaks or other water migration from any plumbing fixtures located in the Premises, and shall be liable for any damage caused thereby to any Common Areas or other tenants’ premises. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's ’s managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial Subject to Tenant's ’s obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building Building, the Improvements and the Tenant Additional Improvements installed in the PremisesPremises and all other portions of the Premises and the Real Property which are required by the provisions of this Lease. However, if such repairs, maintenance or cleaning are required due to Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, and are not otherwise covered by insurance required to be maintained by Landlord hereunder, then, Tenant shall, within ten fifteen (1015) business days after receipt of Landlord's ’s billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's ’s expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.

Tenant’s Obligation to Maintain. Subject to the provisions of paragraph 6.2 (Landlord's Obligation to Maintain), Article 11 (Damage to Leased Premises), and Article 12 (Condemnation), Tenant shall, at Tenant's sole expenseall times during the Lease Term, maintain the Premises in good order and clean, keep, maintain, repair, and shall also keep clean any portion of replace when necessary, in good first class order, condition and repair the Leased Premises which Landlord is not obligated to clean. Such obligation shall include the clean-out; repair and/or replacement of and all appurtenances thereto for Tenant's garbage disposal(s)exclusive use, Instant-Heat or other hot water producing equipmentincluding but not limited to all electrical, if anyplumbing, and the cleaning and removal HVAC, lighting facilities, boilers, pressure vessels, fixtures, interior walls, interior surfaces of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation ceilings, floors, windows, doors, plate glass, skylights (including cleaning both interior and roof exterior surfaces) and utilities inside and outside of the Building, however, as to any part of such facilities that are not within the Leased Premises, if there are other users of such facilities, then only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such facilities are distributed to other users. Tenant, in keeping the Leased Premises in good order, condition and repair, shall exercise and perform good and first class maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Leased Premises and all improvements thereon or a part thereof in good order, condition and state of repair. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural portions of the floors of the Building, the systems and equipment parts or exterior of the Building or if the estimated cost of any item of repair or replacement exceeds One Thousand Dollars ($1,000.00), then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used, and the Tenant Improvements installed in the Premisescontractor. However, if such repairs, maintenance or cleaning are required due Subject to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of Section 1932(1)6.2, 1941 below, Tenant shall maintain continuously throughout the Lease Term a service contract for the inspection and 1942 maintenance of all HVAC equipment serving the Leased Premises with a licensed HVAC contractor, acceptable to Landlord, which provides for the periodic inspection and servicing of the Civil Code HVAC equipment at least once per quarter. Tenant shall furnish Landlord with a copy of Californiasuch service contract, which shall provide that such service contract may not be canceled or changed without at least thirty (30) days prior written notice to Landlord. All repairs and replacements to the HVAC equipment shall be promptly made with new materials of like kind and quality.

Tenant’s Obligation to Maintain. REPLACE AND REPAIR Tenant shall, shall at Tenant's sole expense, all times maintain the Premises in a neat condition, free of trash and debris and in good order and repair. Tenant's responsibilities shall include, without limitation, maitnenace, repair, and replacement of any and all components located on the premises to include, but not limitied by, the following: a) Performance of all necessary maintenance, replacement, and repair upon the electrical fixtures, interior lighting, interior and exterior lighting fixtures, switches and wiring from the service panel, all doors and windows and related hardware, window coverings, alarm system, concealed and exposed plumbing, indoor ceilings, walls, floors and floor coverings, heating and air conditioning units, roof, parking lot, and all exterior improvements to include, but not limited signs, sidewalks, curbs, and fencing. b) Performance of all routine maintenance, replacemnt, and repairs on all heating and air conditioning unit where these items are used solely in connection with the Premises. Tenant shall, upon execution of this lease, maintain a servicing agreement which requires each and every heating and air conditioning unit being used in connection with the premises to be serviced at least quarterly. Tenant shall also keep clean provide Landlord with a copy of said agreement on an annual basis which shall be the anniversary date of said contract. c) Tenant shall not penetrate the roofing system with any portion type or heating or cooling equipment, electrical conduit, drain, skylight, opening, cable, antenna or any other item without prior written consent of Landlord. Tenant shall ensure that any penetration or installation to or through the Premises roof system is completed in a professional manner and Tenant shall be responsible for, at tenant's expense, for any repairs to the roof, over or around the area of penetration or installation. d) Not permitting or suffering any waste upon the Premises. e) No rent abatement shall occur during periods when repairs or replacements are being performed. f) Tenant shall be required to comply with current XXX xxxx specifically relating to Tenant's business activities which Landlord is not obligated to clean. Such obligation shall include all existing and future requirements whether these requirements are associated with the clean-out; repair and/or replacement of Tenant's garbage disposal(s)interior space, Instant-Heat access to and from the site, access to and from the building, or other hot water producing equipmentrequire modification to the existing structure. g) Tenant shall insure, if anywhen required, that all work is done by a licensed and bonded contractor, and the cleaning specifically licensed in an area where a separate licensed is required, and removal of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created that all work performed by Tenant's gross negligence selected contractor shall comply with all building codes, and any rules, regulations, and/or standards set forth by any entity with authority to set said rules and regulations, and all work performed shall be completed in a professional manner. h) Said repairs or willful misconduct replacements shall be completed whether the condition requiring such repair existed at the execution of this lease or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building and the Tenant Improvements installed in the Premises. However, if such repairs, maintenance or cleaning are required due to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days occurs after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of Californiaoccupancy.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole expense, maintain the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation shall include the clean-out; repair and/or replacement of Tenant's ’s garbage disposal(s), Instant-Heat or other hot water producing equipment, if any, and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. , If Tenant becomes obligated to repair anything any non-routine items within the Premises, Tenant shall advise Landlord's ’s managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, . employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's ’s obligation for reimbursement to Landlord, as specified herein, Landlord shall make keep and maintain the Real Property in first class order, condition and repair, including, without limitation, making all repairs to the Premises and the “Building Structure” consisting of the exterior walls, slab, foundation and roof of the Building, the structural portions of the floors of the BuildingBuilding (collectively, “Building Structure”), to the “Building Systems” consisting of the systems and equipment of the Building, other than the Units (collectively, “Building Systems”), and the Tenant Improvements installed in the Premises. However, however, subject to Section 19.4., if such repairs, maintenance or cleaning are required due to Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten thirty (1030) days after receipt of Landlord's ’s billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's ’s expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.

Tenant’s Obligation to Maintain. Subject to the provisions of paragraph 6.2 (Landlord’s Obligation to Maintain), Article 11 (Damage to Leased Premises), and Article 12 (Condemnation), Tenant shall, at Tenant's sole expenseall times during the Lease Term, maintain the Premises in good order and clean, keep, maintain, repair, and shall also keep clean any portion of replace when necessary, in good first class order, condition and repair the Leased Premises which Landlord is not obligated to clean. Such obligation shall include the clean-out; repair and/or replacement of and all appurtenances thereto for Tenant's garbage disposal(s)exclusive use, Instant-Heat or other hot water producing equipmentincluding but not limited to all electrical, if anyplumbing, and the cleaning and removal HVAC, lighting facilities, boilers, pressure vessels, fixtures, interior walls, interior surfaces of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's managing agent of such need, which request shall be presumed conclusive evidence of Tenant's obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation ceilings, floors, windows, doors, plate glass, skylights (including cleaning both interior and roof exterior surfaces) and utilities inside and outside of the Building, however, as to any part of such facilities that are not within the Leased Premises, if there are other users of such facilities, then only up to the point where such facilities join a main or other junction (e.g., sewer main or electrical transformer) from which such facilities are distributed to other users. Tenant, in keeping the Leased Premises in good order, condition and repair, shall exercise and perform good and first class maintenance practices. Tenant's obligations shall include restorations, replacements or renewals when necessary to keep the Leased Premises and all improvements thereon or a part thereof in good order, condition and state of repair. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural portions of the floors of the Building, the systems and equipment parts or exterior of the Building or if the estimated cost of any item of repair or replacement exceeds One Thousand Dollars ($1,000.00), then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, materials to be used, and the Tenant Improvements installed in the Premisescontractor. However, if such repairs, maintenance or cleaning are required due Subject to Tenant's gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten (10) days after receipt of Landlord's billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of Section 1932(1)6.2, 1941 below, Tenant shall maintain continuously throughout the Lease Term a service contract for the inspection and 1942 maintenance of all HVAC equipment serving the Leased Premises with a licensed HVAC contractor, acceptable to Landlord, which provides for the periodic inspection and servicing of the Civil Code HVAC equipment at least once per quarter. Tenant shall furnish Landlord with a copy of Californiasuch service contract, which shall provide that such service contract may not be canceled or changed without at least thirty (30) days prior written notice to Landlord. All repairs and replacements to the HVAC equipment shall be promptly made with new materials of like kind and quality.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole expense, maintain the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation maintenance and repair obligations shall include the maintenance, clean-out; repair and/or replacement of Tenant's ’s garbage disposal(s), Instant-Heat or other hot water producing equipment, if any, and any plumbing fixtures within the Premises (including any water dispensers or ice-makers and refrigeration devices), and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. Tenant shall be responsible for repair of any leaks or other water migration from any plumbing fixtures located in the Premises, and shall be liable for any damage caused thereby to any Common Areas or other tenants’ premises. If Tenant becomes obligated to repair anything within the Premises, Tenant shall advise Landlord's ’s managing agent of such need, which request shall be presumed conclusive evidence of Tenant's ’s obligation and willingness to reimburse Landlord for such repair(s). Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's ’s obligation for reimbursement to Landlord, as specified herein, Landlord shall make all repairs to the Premises and the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, the systems and equipment of the Building and the Tenant Improvements installed in the Premises. However, if such repairs, maintenance or cleaning are required due to Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten fifteen (1015) days after receipt of Landlord's ’s billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's ’s expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.

Tenant’s Obligation to Maintain. Tenant shall, at Tenant's ’s sole expense, maintain the non-structural portions of the Premises in good order and repair, and shall also keep clean any portion of the Premises which Landlord is not obligated to clean. Such obligation shall include the clean-out; repair and/or replacement of Tenant's ’s garbage disposal(s), Instant-Heat or other hot water producing equipment, if any, and the cleaning and removal of any dishes and/or food prior to the same becoming unsanitary. If Tenant becomes obligated to repair anything within the PremisesPremises and desires that Landlord make the repair, Tenant shall advise Landlord's ’s managing agent of such need, which request shall be presumed conclusive evidence of Tenant's ’s obligation and willingness to reimburse Landlord a fair and reasonable charge for such repair(s), unless such repair is Landlord’s obligation as described in this Section 12.1 or in the event of a casualty. Further, Tenant shall pay the cost of any injury, damage or breakage in, upon or to the Premises created by Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders. Subject to Tenant's ’s obligation for reimbursement to Landlord, if applicable, as specified herein, Landlord shall make all repairs to the Premises Premises. Landlord shall maintain in first-class operating condition and repair, the Common Areas, the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, structural elements of the Premises, all of the systems and equipment of the Building and the Tenant Improvements installed in the Premises. The allocation of the foregoing costs of such maintenance and repair shall be governed by Article 4. However, if such repairs, maintenance or cleaning are required due to Tenant's ’s gross negligence or willful misconduct or the gross negligence or willful misconduct of Tenant's ’s agents, clients, contractors, directors, employees, invitees, licensees, officers, partners or shareholders, then, Tenant shall, within ten thirty (1030) days after receipt of Landlord's ’s billing therefor, reimburse Landlord, as Additional Rent, for any expense of such repairs, cleaning and/or maintenance in excess of any insurance proceeds available for reimbursement thereof, including for any deductible anticipated in connection therewith. Tenant hereby waives all right to make repairs at Landlord's ’s expense under the provisions of Section 1932(1), 1941 and 1942 of the Civil Code of California.