Common use of Tenant’s Repair and Maintenance Clause in Contracts

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass), or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 6 of this Lease, (a) make all nonstructural repairs to the Premises Premises, and the fixtures, equipment and appurtenances therein (including all electrical, plumbing, mechanical and life safety systems in the Premises from the point they connect to the Building Systems) as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (b) repair or replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises byby Tenant, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party")licensees, and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect.aware

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, but subject to the provisions of Section 12.2, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Building Systems existing located in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, thereof shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 20.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass), or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's its own cost and expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion shall (i) maintain all parts of the Leased Premises (other than those for which Landlord is responsible pursuant to the terms and conditions of Section 8A. above) in good condition and repair, and (ii) promptly make all necessary repairs and replacements to the Leased Premises (other than those for which Landlord is responsible pursuant to the terms and conditions of Section 8A. above), including, but not limited to, windows, glass and plate glass, wiring, applicable, corridors, lobbies, elevator foyers, restrooms, parking areas and similar areas of the Leased Premises, Building sprinkler system systems, exterior doors, any special office entry, interior walls and finish work, interior doors and floor covering, utility connections, heating and air conditioning systems, light bulbs, fire protection systems serving the Building, plumbing work and fixtures, termite and pest extermination, and any damage due to vandalism or malicious mischief, unless the damage is contained within due to the negligence of the Landlord or its agent. (ii) Any and all security of any kind for Tenant, Tenant’s agents, employees or invitees, the Leased Premises, or any personal property thereon (iiincluding, without limitation, any personal property of any sublessee) shall be the sole responsibility and obligation of Tenant, and shall be provided by Tenant at Tenant’s sole cost and expense. Tenant acknowledges and agrees that Landlord shall have no obligation or liability whatsoever with respect to same. Landlord shall not be liable for any loss, cost, damage or other liability arising directly or indirectly from security measures or the absence thereof with respect to the Leased Premises unless caused by the negligence or willful misconduct of Landlord. Tenant may, at Tenant's ’s sole cost and expense, if install alarm systems in the required repairs are structural in natureLeased Premises provided such installation 6 (iii) Tenant agrees, involve replacement of exterior window glass (if such at its own cost and expense, to repair or replace any damage is so caused or injury done to the Leased Premises, or any part thereof, by Tenant or Tenant’s agents, employees, invitees, or visitors. Tenant further agrees not to commit or allow any Tenant Party) waste or affect any Building System or damage to be committed on any portion of the sprinkler system not contained within Leased Premises, and at the Premises. All Tenant repairs shall be termination of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. , by lapse of time or otherwise, Tenant shall give deliver up said Premises to Landlord prompt notice in as good condition as at the Commencement Date, ordinary wear and tear excepted. C. It is hereby agreed by Landlord and Tenant that any repairs or replacements that are necessary as a result of any defective condition casualty or condemnation, then the sections of which Tenant is aware in any Building System located in, servicing or passing through this Lease Agreement governing casualty and condemnation shall control the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by responsibility and obligations of Landlord and Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect.

Tenant’s Repair and Maintenance. Subject (a) Tenant covenants and agrees that, from and after the date that possession of the Premises is delivered to Tenant and until the end of the Term, Tenant, at its expense, will keep neat and clean and maintain in good order, condition and repair the Premises and every part thereof, and will make all required repairs thereto and/or replacements of portions thereof (including, without limitation, any wiring, pipes or conduits located within the Premises that exclusively service the Premises), excepting only for those repairs or replacements for which Landlord is responsible under the terms Section 3.07 of this Lease. Tenant shall not permit or commit any waste, and, notwithstanding anything to the ------------------------------- provisions of Article 13 hereofcontrary set forth in Section 3.07, Tenant shall promptly, at its expense be responsible for the cost of all repairs and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs replacements to the Premises Premises, the Building and the fixturesfacilities of the Building, equipment and appurtenances therein as and whether ordinary or extraordinary, structural or, non-structural, when needed to preserve the Premises necessitated by Tenant's, or its subtenant's or assignee's, moving property in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part out of the Building (including exterior window glass)or installation or removal of furniture, fixtures or other property or by the performance by Tenant, or to its subtenant or assignee, of any fixturesalterations or other work in the Premises, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused when necessitated by or resulting from any actthe acts, omission, misuse, neglect or improper conduct ofof Tenant, its assignee or subtenant, or Alterations made byits or their agents, employees, contractors or invitees or the moving use or occupancy or manner of Tenant's fixtures, furniture use or equipment into, within or out occupancy of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion other than in accordance with the terms of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the Premisesthis Lease. All Tenant of said repairs and any restorations or replacements required in connection therewith shall be of a quality and class at least equal to the original work or construction utilizing new construction materials installations and shall be made done in accordance with this Lease. Tenant shall give Landlord prompt notice a good and workmanlike manner to the reasonable satisfaction of any defective condition of which Tenant is aware in any Building System located in, servicing Landlord. (b) If repairs or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs replacements are required to be made by TenantTenant pursuant to the terms hereof, Landlord may demand that Tenant make the same forthwith, and (except in cases of emergency, where no notice or demand shall be required) if Tenant refuses or neglects to commence such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant or replacements within ten (10) days after such demand or to complete the same with reasonable diligence thereafter, Landlord delivers may (but shall not be required to do so) make or cause such repairs or replacements to be made and shall not be responsible to Tenant an invoice thereforfor any loss or damage that may accrue to Tenant's stock or business by reason thereof. If Landlord makes or causes such repairs or replacements to be made, Tenant agrees that Tenant will forthwith, on demand, pay to Landlord as Additional Charges the cost thereof, together with interest thereon at the Interest Rate. (c) Tenant shall not install any cooling tower or other air conditioning equipment on the roof of the Premises and/or the Building, nor shall Tenant otherwise pxxxxx the roof for any reason, without Landlord’s prior written consent thereto (which can be withheld in Landlord’s sole discretion). Tenant hereby waives shall be responsible for all damages to Landlord and other parties caused by or resulting from any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute such installation or ordinance now or hereafter in effectpiercing.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions terms of Article 13 hereofSection 6.2, below, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease5, (a) make all nonstructural non-structural repairs to the Premises and the fixtures, equipment and appurtenances therein (including all electrical, plumbing, heating, ventilation and air conditioning, sprinklers and life safety systems in and serving the Premises from the point of connection to the Building Systems) (collectively, “Tenant Fixtures”) as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is subject to Landlord's repair and maintenance obligations pursuant to the express provisions of this Lease (but such obligation shall not responsibleextend to the Based Building, and (bexcept to the extent otherwise required pursuant to this Section 6.2 or Section 8.1(a) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premisesbelow). Without limiting the foregoing, all All damage to the Premises Building or to any other part of the Building (including exterior window glass)portion thereof, or to any fixturesTenant Fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, non-structural repair caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, of a Tenant Party or the moving of Tenant's fixtures, furniture ’s Property or equipment Equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, by a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made ’s expense by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural non-structural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the PremisesSystem, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the PremisesSystem. All Tenant repairs shall be of a good quality at least equal to the original work or construction utilizing new construction materials materials. Notwithstanding anything set forth in this Section 6.2, above, to the contrary, Landlord shall cause all electrical, plumbing, heating, ventilation and air conditioning, sprinklers, life-alarm and life safety systems in and serving the Premises from the point of connection to the Building Systems which serve the Premises to be in good working condition and repair upon the delivery of the Premises to Tenant. The foregoing shall not be made in accordance with this Lease. Tenant shall give deemed to require Landlord prompt notice of to replace any defective condition of which Tenant is aware in such systems, as opposed to repair any Building System located in, servicing or passing through the Premisessuch systems. If it is determined during the first twelve (12) months of the Term that any of such systems were not in good working condition and repair as of the date of Landlord's delivery of the Premises to Tenant, Landlord shall not be liable to Tenant fails after ten (10) days' notice (for any damages, but, Landlord, at no cost to Tenant, shall perform such work or take such shorter period other action as may be required necessary to place the same in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs good working condition and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effectrepair.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Leaseincluding, (a) without limitation, the requirement that any repairs affecting any Building System be reviewed and approved by Landlord’s designated engineer for the affected Building System, make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein (including all electrical, plumbing, heating, ventilation and air conditioning, sprinklers and life safety systems in and serving the Premises from the point of connection to the Building Systems) (collectively, “Tenant Fixtures”) as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibletear, and (bexcept further for damage which is Landlord’s obligation to repair pursuant to Section 6.1 above or any other express provisions of this Lease, except to the extent otherwise required of Tenant pursuant to this Section 6.2, Section 8.1(a) replace scratched below or damaged doors, signs and glass (any other than exterior window glass) in and about the Premisesexpress provisions of this Lease. Without limiting the foregoing, all All damage to the Premises Building or to any other part of the Building (including exterior window glass)portion thereof, or to any fixturesTenant Fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, repair caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, of a Tenant Party or the moving of Tenant's fixtures, furniture ’s Property or equipment Equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, by a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made ’s expense by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the PremisesSystem, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or frames or affect any Building System or any portion of the sprinkler system not contained within the PremisesSystem. All Tenant repairs shall be of a good quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effectmaterials.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (ai) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (bii) replace scratched or damaged doors, signs and glass (other than exterior window glasswindows) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within into or out of the Premises byby Tenant, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party")licensees, and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (ia) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (iib) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction but utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) 10 days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect.plus

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (ai) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein (including Tenant's supplemental HVAC system and sprinklers and the horizontal distribution systems within and servicing the Premises and by which mechanical, electrical, heating, ventilating, air-conditioning, plumbing, sanitary, life-safety and other utility and service systems are distributed from the base Building risers, feeders, panelboards, etc. for provision of such services to the Premises) as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (bii) replace scratched or damaged doors, doors and signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within into or out of the Premises byby Tenant, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party")licensees, and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (ia) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (iib) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) nature or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction but utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) 15 days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, shall be paid by Tenant within ten (10) 15 days after Landlord delivers to Tenant an invoice therefor. Notwithstanding the above but subject to the terms of Articles 11, 12, 13, 16 and 32 and other express provisions herein contained, Landlord shall not be relieved from responsibility directly to Tenant hereby waives for any loss or damage (other than consequential damages, with respect to which Landlord shall have no responsibility whatsoever) caused directly to Tenant (other than to Tenant's property, with respect to which Landlord shall have no responsibility whatsoever except as otherwise expressly provided for herein) wholly or in part by the negligent acts or omissions of Landlord, its agents, employees and all rights contractors. Nothing in the foregoing shall affect any right of Landlord to the indemnity from Tenant to which Landlord may be entitled under and benefits Article 32 in order to recoup for payments made to compensate for losses of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effectthird parties.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptlyshall, at its expense and in compliance with Article 5 the requirements of this Lease, including Article 5, (ai) keep neat and clean and in good order, condition and repair, the Premises and every part thereof, including, the store front and the exterior and interior portions of all doors, windows, plate glass, all plumbing and sewage facilities within and exclusively serving the Premises, fixtures, interior walls, floors, ceilings, signs, and all wiring, electrical systems, HVAC systems and equipment, and similar equipment exclusively serving the Premises, and (ii) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order order, condition and conditionrepair, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to the provisions of Article 14 and Article 15. Tenant shall, at Tenant's expense, repaint and (b) replace scratched refurbish the Premises and any part or damaged doorsportion thereof, signs from time to time, to assure that the same are kept in a first-class, tenantable and glass (other than exterior window glass) attractive condition throughout the Term. The Premises shall be kept in a clean, sanitary and about the Premisessafe condition, in accordance with all applicable Requirements. The Tenant shall not permit or commit any waste. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)or the Center, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct ofof any Tenant Party, or Alterations made byby any Tenant Party, or the moving of Tenant's fixtures, furniture or equipment equipment, including machinery and heavy equipment, into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (iA) Tenant, at Tenant's expense, expense if the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (iiB) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. All If such repairs are made by Landlord, Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials reimburse Landlord for all costs and shall be made in accordance with this Leaseexpenses incurred by Landlord promptly after demand therefore. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any structural element or any Building System located in, servicing or passing through the Premises. All repairs made by Tenant shall be performed in a good and first-class workmanlike manner, shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease, including Article 5. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs repairs, and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, in connection therewith shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 21.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (b) repair (to the extent feasible and appropriate) or replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's ’s fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Building Systems existing located in the Premises, shall be repaired at Tenant's ’s expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's ’s expense, if to the extent that the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (ii) Landlord, at Tenant's ’s expense, if to the extent that the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, thereof shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 20.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (b) repair (to the extent feasible and appropriate) or replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Building Systems existing located in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if to the extent that the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (ii) Landlord, at Tenant's expense, if to the extent that the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, thereof shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 20.

Tenant’s Repair and Maintenance. Subject to repair of Landlord’s Premises Work, Tenant’s Roof Work and Base Building Roof Work by Landlord if covered by warranty or if a defect is discovered within one (1) year after the ------------------------------- provisions Commencement Date and notice of Article 13 hereofsuch defect was given to Landlord within such one (1) year period (which defect was not caused by Tenant’s negligence or willful misconduct) and Section 6.4 below, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease5, (a) make all nonstructural repairs repairs, to the Premises and the fixtures, equipment and appurtenances therein (including all electrical, plumbing, heating, ventilation and air conditioning systems installed by Tenant, sprinklers and life safety systems and all other systems exclusively serving the Premises and/or in and serving the Premises from the point of connection to the Building Systems and the roof lift and related equipment installed by Landlord (collectively, “Tenant Fixtures”) as and when needed to preserve the Premises in good working order and condition, except for (x) reasonable wear and tear and damage as a result of a casualty in the Premises for which Tenant is not responsibleresponsible or (y) such repairs as are required as the result of the negligence or willful misconduct of Landlord, Landlord’s Agent, or their respective employees or contractors. Subject to waiver of subrogation in Section 11.2 hereof and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoingexcept for casualty, all damage to the Premises Building or to any other part of the Building (including exterior window glass), portion thereof or to any fixturesTenant’s Fixtures or any other reason, equipment, sprinkler system event and/or appurtenances thereof, whether condition requiring structural or nonstructural repairs, repair caused by or directly resulting from any act(i) negligence or willful misconduct of a Tenant Party, omission, neglect or improper conduct of, or Alterations made by, or the moving (ii) Tenant’s particular manner of Tenant's fixtures, furniture or equipment into, within or out use of the Premises byPremises, Tenant or (iii) Alterations performed by Tenant's agents, contractors(iv) Tenant’s placement of FF&E and/or property, subcontractors, employees, invitees or licensees and/or (collectively, a "Tenant Party"), and all damage to v) Tenant’s breach of any portion of the Building's Systems existing in the Premisesterms of this Lease, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that ’s expense by (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the PremisesSystem, or (iiB) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion outside of the sprinkler system not contained within point of connection to the Premises. All Tenant repairs shall be of a good quality at least equal to the original work or construction utilizing new construction materials and shall be made of comparable quality as the construction material in accordance with this Leaseexistence as of the Commencement Date. In the event Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence fail to make any repairs required a repair or perform a maintenance obligation(s) on its part to be made by Tenantperformed under this Section 6.2, after the expiration of applicable notice and cure periods or if none are specified thirty (30) days of written notice thereof, Landlord may make such repairs repair or perform such maintenance obligation(s), at Tenant’s expense (immediately, and all without advance notice, in the case of emergency). All actual, reasonable out of pocket costs and expenses incurred by Landlord in connection with the making of such repair or performance of such maintenance obligation by, or on account thereofbehalf of Landlord, plus interest thereon at the Interest Rateand all actual, reasonable out-of-pocket costs and expenses, including reasonable counsel fees and disbursements, incurred by Landlord, as a result of such failure by Tenant under this Lease, in any action or proceeding brought by Landlord, shall be paid by Tenant to Landlord within ten thirty (1030) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931demand, and Sections 1941 and 1942, of with interest thereon at the California Civil Code and any similar law, statute or ordinance now or hereafter in effectInterest Rate from the date incurred by Landlord.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (ai) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein (to the extent not required to be made by Landlord pursuant to Section 7.1) as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (bii) replace scratched or (or, to the extent practical and consistent with the esthetic standards of the Building, repair) damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoingforegoing but subject to the provisions of Section 13.2, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's ’s fixtures, furniture or equipment equipment, including machinery and heavy equipment, into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's ’s expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (iA) Tenant, at Tenant's expense, ’s expense if the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (iiB) Landlord, at Tenant's ’s expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant Party) ), or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. Tenant shall give Landlord reasonably prompt notice of any defective condition of which Tenant is aware in any structural element or any Building System located in, servicing or passing through the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing using new construction materials materials, and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs repairs, and all actual costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, in connection therewith shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 21.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereofLandlord's repair obligations set forth in Section 7.1 above, Tenant shall promptly, at its expense and in compliance with Article 5 and subject to Section 9.1(c) of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system equipment and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Building Systems existing located in the PremisesPremises (other than damage caused by Landlord or any employee or representative of Landlord), shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant . Subject to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined9.1(c) or (B) of this Lease, such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the PremisesPremises (such repairs shall be performed by either Landlord's employees, Landlord's contractor or a contractor approved by Landlord in writing). All Tenant repairs shall be of a quality and shall utilize construction materials at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction using new construction materials, and shall be made in accordance with this Lease. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may may, after 7 Business Days notice, make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, thereof shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 20.

Tenant’s Repair and Maintenance. Subject to The Tenant covenants with the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, Landlord: (a) make at Tenant7s expense, at all nonstructural times during the Term, to continuously, actively and diligently keep, operate and maintain the Premises, as would a careful and prudent owner, in a good and reasonable state of repair as determined by the Landlord, and consistent with the general standards of first-class office buildings in the vicinity of the Building, and promptly make, using first quality new material, all needed repairs to the Premises including all Leasehold Improvements and all trade fixtures therein and all glass therein other than glass portions of exterior walls thereof, but with the fixtures, equipment and appurtenances therein as and when needed to preserve exception of structural members or elements of the Premises and defects in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and construction performed by or installations made by the Landlord: (b) replace scratched or damaged doorsthat the Landlord may enter and view the state of repair, signs and glass that the Tenant will repair according to notice in writing, but failure to give notice shall not relieve the Tenant from its obligation contained in this Section 8.02; (other than exterior window glassc) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to that notwithstanding any other terms, conditions and covenants contained in this Lease, if any part of the Building (including exterior window glass), without limitation the systems for interior climate control and for the provision of utilities or to any fixtures, equipment, sprinkler system and/or appurtenances thereofmachinery, whether requiring structural facilities or nonstructural repairsimprovements contained therein or made thereto require, caused by repair, replacement or resulting from any actalteration or become damaged or destroyed through the negligence, misuse, fault, carelessness, neglect, omission, neglect misconduct or improper conduct ofdefault of the Tenant or its employees, or Alterations made bythose for whom it is in law responsible, the expense of repairs or the moving of Tenant's fixturesreplacements thereto, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premisesnecessitated thereby, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage reimbursed to the Building Landlord promptly upon demand, (plus a sum equal to the extent that fi-fteen percent (A15Z) of the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Ratethereof representing -cxie Landoeordx -o@head), shall be paid by Tenant within ten (10) days after to the Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits as Additional Rent on demand save in respect of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter in effectInsured -Damage.

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereofLandlord’s obligations set forth in Paragraphs 2.2 and 9.3, Tenant shall promptlyshall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair the Premises and every part thereof including, without limiting the generality of the foregoing, (i) all interior walls, floors and ceilings, (ii) all windows and doors, (iii) all electrical wiring, conduits, connectors and fixtures, (iv) all plumbing, pipes, sinks, toilets, faucets and drains, and (v) all lighting fixtures, bulbs and lamps. Subject to Paragraph 18, Tenant shall, at its expense sole cost and in compliance with Article 5 of this Leaseexpense, repair all damage (a) make all nonstructural repairs to the Premises beyond normal and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsible, and (btear) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass), or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "Tenant Party"), and all damage to any portion of the Building's Systems existing in the Premises, shall be repaired at Tenant's expense; providedthe Building, however, that Tenant shall not be charged for any damage to the Building to Outside Areas or the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is Property caused by the active negligence activities of Tenant or willful misconduct of Tenant Parties promptly following written notice from Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if any damaged portion of the sprinkler system is contained within the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if to so repair such damage is so caused by any Tenant Party) or affect any Building System or any portion of the sprinkler system not contained within the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premisesdamages. If Tenant fails after ten (10) days' notice (shall fail to perform the required maintenance or such shorter period as may be required in an emergency) to proceed with due diligence fail to make any repairs required of it pursuant to be made by Tenantthis paragraph within a reasonable period of time following notice from Landlord to do so, then Landlord may, at its election and without waiving any other remedy it may otherwise have under this Lease or at law, perform such maintenance or make such repairs and all charge to Tenant, as additional rent, the reasonable costs and expenses so incurred by Landlord on account thereoffor same. All glass within or a part of the Leased Premises, plus interest thereon both interior and exterior, is at the Interest Rate, sole risk of Tenant and any broken glass shall promptly be paid replaced by Tenant within ten (10) days after Landlord delivers to Tenant an invoice thereforat Tenant’s expense with glass of the same kind, size and quality. Tenant hereby waives any shall at Tenant’s expense also perform regular removal of trash and all rights under debris. If Tenant uses rail and benefits of Subsection 1 of Section 1931if required by the railroad company, and Sections 1941 and 1942Tenant agrees to sign a joint, maintenance agreement governing the use of the California Civil Code and any similar lawrail spur, statute or ordinance now or hereafter in effect.if

Tenant’s Repair and Maintenance. Subject to the ------------------------------- provisions of Article 13 hereof, Tenant shall promptly, at its expense and in compliance with Article 5 of this Lease, (a) make all nonstructural repairs to the Premises and the fixtures, equipment and appurtenances therein as and when needed to preserve the Premises in good working order and condition, except for reasonable wear and tear and damage for which Tenant is not responsibleresponsible pursuant to this Lease, and (b) replace scratched or damaged doors, signs and glass (other than exterior window glass) in and about the Premises. Without limiting the foregoing, all damage to the Premises or to any other part of the Building (including exterior window glass)Building, or to any fixtures, equipment, sprinkler system and/or appurtenances thereof, whether requiring structural or nonstructural repairs, caused by or resulting from any act, omission, neglect or improper conduct of, or Alterations made by, or the moving of Tenant's fixtures, furniture or equipment into, within or out of the Premises by, Tenant or Tenant's agents, contractors, subcontractors, employees, invitees or licensees (collectively, a "by any Tenant Party"), and all damage to any portion of the Building's Building Systems existing located in the Premises, shall be repaired at Tenant's expense; provided, however, that Tenant shall not be charged for any damage to the Building to the extent that (A) the cost of repairing such damage is covered by the "all-risk" insurance maintained by Landlord pursuant to Section 12.3 below or is recovered by Landlord through Tenant's Operating Payment (as hereinafter defined) or (B) such damage is caused by the active negligence or willful misconduct of Landlord or Landlord's agents, contractors or employees. Such repairs shall be made by (i) Tenant, at Tenant's expense, if the required repairs are nonstructural in nature and do not affect any Building System and/or if or any damaged portion of the sprinkler system is contained within Building outside of the Premises, or (ii) Landlord, at Tenant's expense, if the required repairs are structural in nature, involve replacement of exterior window glass (if such damage is so caused damaged by any Tenant PartyTenant) or affect any Building System or any portion of the sprinkler system not contained within Building outside of the Premises. All Tenant repairs shall be of a quality at least equal to the original work or construction utilizing new construction materials and shall be made in accordance with this Lease. Tenant shall give Landlord prompt notice of any defective condition of which Tenant is aware in any Building System located in, servicing or passing through the Premises. If Tenant fails after ten (10) days' notice (or such shorter period as may be required in an emergency) to proceed with due diligence to make any repairs required to be made by Tenant, Landlord may make such repairs and all costs and expenses incurred by Landlord on account thereof, plus interest thereon at the Interest Rate, thereof shall be paid by Tenant within ten (10) days after Landlord delivers to Tenant an invoice therefor. Tenant hereby waives any and all rights under and benefits of Subsection 1 of Section 1931, and Sections 1941 and 1942, of the California Civil Code and any similar law, statute or ordinance now or hereafter as provided in effectArticle 20.