Common use of Tenant’s Responsibilities Clause in Contracts

Tenant’s Responsibilities. (a) Tenant shall, at its sole cost and expense and subject to ordinary wear and tear, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Building, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas of the Premises, including paved and landscaped areas in a neat and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been maintained by Tenant subject, in all cases, to ordinary wear and tear. Landlord has no responsibility for any cost, repair, maintenance or replacement of any portion of the Building, Premises, systems or equipment. Tenant acknowledges and agrees that Tenant is accepting the Building and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall be made in a good and workmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premises.

Tenant’s Responsibilities. (a) Except to the extent specifically identified ------------------------- as Landlord's responsibility in Section 8.2, below, Tenant shall, at its sole cost and expense and subject to ordinary wear and tearown expense, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Demised Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Building, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use every part thereof, including, but not limited toby way of limitation, communication the grounds, landscaped areas, truck parking and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at loading and dock areas, the termination roof surface and roof membrane (but only as to routine and ongoing maintenance), drainage xxxxxx, gutters, downspouts, glass, interior and exterior portions of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and the plumbing, heating, air conditioning, wiring, elevators and other mechanical systems therein, the facilities thereof and all sidewalks, parking areas, driveways, passageways and alleys adjacent thereto and other appurtenances thereunto belonging, in good order, appearance, condition and repair (reasonable wear and tear excepted), free of obstructions, dirt, and rubbish, and so as to comply fully and at all times with all present and future applicable governmental laws, rules and regulations, consistent with other comparable business and industrial parks in the Market Area. Tenant agreesagrees to make all replacements and repairs to the Demised Premises necessary to maintain the Demised Premises in the condition described in the preceding sentence. Tenant, at its own cost and expense, to keep shall also seal (paint) the exterior of the Building periodically during the Term (including any Option Term) of this Lease in effect throughout accordance with the entire Term a service contract recommendations of the manufacturer of the material used for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per yearexterior of said Building. Tenant also agrees to shall maintain the exterior areas regular service contracts for all of the Demised Premises' (i) HVAC system, including paved and landscaped areas in a neat (ii) elevator(s), and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been shall, upon Landlord's request, provide Landlord copies of such contracts or any other maintenance or service contracts maintained by Tenant subjectwith respect to the Demised Premises. Any such contract shall be terminable by Tenant (or its successors, including Landlord or a Lender) on not less than thirty (30) days notice to the contractor or shall provide that it does not bind a Lender. All repairs, replacements and renewals shall be at least equal in all cases, quality and class to ordinary wear and tearthe original work. Landlord has no Because Tenant is undertaking the responsibility for any cost, repair, maintenance or replacement of any portion most aspects of the Building, ongoing maintenance of the Demised Premises, systems or equipment. Tenant acknowledges waives the provisions of California Civil Code Sections 1941 and agrees that Tenant is accepting 1942 with respect to Landlord's obligations for tenantability of the Building Demised Premises and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All Tenant's right to make repairs and replacements made by or on behalf deduct the expenses of Tenant such repairs from Rent. When used in this Article VIII, "repairs" shall be made in a good include all necessary replacements, renewals, alterations, additions and workmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premisesbetterments.

Tenant’s Responsibilities. During the Lease Term, Tenant will repair and maintain the following at Tenant's expense: (i) The interior portion of the demising walls, the interior partition walls of the Premises and their wall-covering, and the entry door to the Premises. (ii) The electrical and mechanical systems not considered Building standard which have been installed by either Landlord or Tenant, for the exclusive use and benefit of Tenant. The following examples are for clarification and are not all inclusive: (a) Tenant shallelectrical services for computers or similar items, at its sole cost and expense and subject to ordinary wear and tear(b) projection room equipment such as dimmers, keep and maintain curtains, or similar items, (c) water closet plumbing, kitchen plumbing or similar items, (d) HVAC for other than comfort cooling in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing (e) security systems for the BuildingPremises, and any and all systems and HVAC systems (f) telephone system for the Building Premises; and (includingg) other similar systems. (iii) Except for the janitorial services, by way of exampleif any, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain set forth in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination Section 11.(a) of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition , the repair and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas floor covering of the Premises, including paved VAT flooring, ceramic tiles, marble, wood flooring, or similar coverings, shall be performed by Landlord upon Tenant's request, at Tenant's expense, and landscaped areas Tenant will be billed for same as Rent. At least once per year, if necessary, Landlord will clean Tenant's carpeting at Tenant's expense to be billed to Tenant as Rent. Should additional cleaning be requested by Tenant, such cleaning will be available at Tenant's expense and will be billed to Tenant as Rent. (iv) All cabinets and millwork (regardless of ownership) so long as said cabinets and millwork are for the exclusive use and benefit of Tenant. (v) All other personal property, improvements or fixtures, except Building standard improvements and those items enumerated in a neat Section 11.(a) hereof. Those items to be repaired and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been maintained by Tenant subjectinclude, in all casesbut are not limited to, to ordinary wear the following: (a) ceiling tiles and tear. Landlord has no responsibility for any costceiling grid, repair(b) molding or other woodwork and paneling, maintenance (c) light fixtures and bulbs, (d) draperies, blinds or replacement of any portion of the Buildingwall hangings, Premises(e) glass partition walls, systems or equipment. Tenant acknowledges (f) water closets, sinks and agrees that Tenant is accepting the Building kitchen areas, (g) doors and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall be made in a good and workmanlike mannerlocksets, and in accordance (h) vaults, safes, or secured areas. For the aforesaid items, Landlord may elect, with all applicable laws Tenant's approval (which approval will not be unreasonably withheld) to maintain and regulations of all governmental authorities having jurisdiction over the Building repair same at Tenant's expense and Premises. All replacement materials utilized by Tenant hereunder shall will be of an equal quality to the existing materials currently utilized at the Premisesbilled for same as Rent.

Tenant’s Responsibilities. Except for (ai) Tenant shallrepairs to Building Systems, at its sole cost Common Areas and expense Structural Elements, (ii) warranty repairs related to Landlord's Work (if any), and subject (iii) repairs to ordinary wear and tear, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions interior of the Building Premises to the extent the same are rendered necessary by the negligence or willful misconduct of Landlord and Premises including its agents, employees and contractors, and are not covered by the exteriorfire and casualty insurance maintained, structural or required to be maintained, by Tenant under this Lease, Tenant shall be responsible (at Tenant's sole expense) for repairs and maintenance to the interior portions of the Building or Premises. Without limitation, Tenant's responsibilities shall include (i) providing janitorial and cleaning services with respect to the interior of the Premises (excluding Common Areas such as the hallways and restroom facilities to the extent located outside of the demised confines of the Premises) (collectively "Tenant's Janitorial Services") on all weekdays (excluding Holidays) in accordance with reasonable standards for a telecommunications and office use conducted within a first class office building, including without limitation the roof (ii) all maintenance, scheduled maintenance and windows and improvements repairs required to be performed upon any specialized equipment of Tenant irrespective of where such equipment is located in the Building, all electrical, mechanical and plumbing systems for within the Building, and any (iii) all maintenance, scheduled maintenance and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be repairs required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment be performed upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for serving the Building, and Tenant agrees, at its own cost and expense, to keep Premises. The foregoing will include keeping in effect throughout the entire Term a an HVAC service contract which provides for all manufacturer recommended scheduled maintenance for the HVAC system systems at the times and in the manner recommended by the manufacturer. In connection with a reputable heating and cooling company, which HVAC system shall any maintenance or repairs to be inspected and have routine preventative maintenance performed at least once per year. conducted by Tenant also agrees to maintain the exterior areas its equipment located outside of the Premises, including paved in addition to any other requirements set forth in this Lease, Tenant will coordinate the timing and landscaped areas in performance of such repairs and maintenance with the Building's property manager and/or engineering staff to ensure that the same are conducted properly and with a neat minimum of disruption or interference with Building operations and/or the quiet enjoyment of other tenants and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been maintained by Tenant subject, in all cases, to ordinary wear and tear. Landlord has no responsibility for any cost, repair, maintenance or replacement of any portion occupants of the Building, Premises, systems or equipment. Tenant acknowledges and agrees that Tenant is accepting the Building and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall be made in a good and workmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premises.

Tenant’s Responsibilities. (a) During the Lease Term, Tenant shall, at its sole cost and expense and subject to ordinary wear and tear, keep will repair and maintain in operating condition the following at Xxxxxx's expense: (1) The interior portion of the demising walls and repair in the manner they interior partition walls of the Premises and their wall- covering. (2) The electrical and mechanical systems not considered Building Standard which have been previously maintained installed by either Landlord or Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Buildingexclusive use and benefit of Tenant, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, example but not limited tolimitation, communication the following: (a) electrical services for computers or similar items, (b) projection room equipment such as dimmers, curtains, or similar items, (c) water closet plumbing, kitchen plumbing or similar items, (d) HVAC for other than comfort cooling in the Premises, (e) security systems for the Premises, (f) telephone system for the Premises; and security (g) other similar systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at . (3) Except for the termination janitorial services, if any, set forth in paragraph 9A(1) of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition , the repair and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas floor covering of the Premises, including paved VCT flooring, ceramic tiles, marble, wood flooring, or similar cover ings, shall be performed by Landlord upon Xxxxxx's request, at Tenant's expense, and landscaped areas in a neat and orderly condition and to maintain the paved areas in operating condition and repair Tenant will be billed for same as Additional Rent. At least once per year, if necessary in the manner that they have been sole and absolute discretion of Landlord, Landlord will clean Tenant's carpeting at Tenant's expense and the cost of such cleaning will be billed to Tenant as Additional Rent. Should additional cleaning be requested by Tenant, such cleaning will be available at Tenant's expense and will be billed to Tenant as Additional Rent. (4) All cabinets and millwork (regardless of ownership) within the Premises. (5) All other personal property, improvements or fixtures within the Premises, except those items enumerated in paragraph 11A hereof. Those items to be repaired and maintained by Tenant subjectinclude, but are not limited to, the following: (a) ceiling tiles and ceiling grid, (b) molding or other woodwork and paneling, (c) light fixtures and bulbs, (d) draperies, blinds or wall hangings, (e) glass partition walls, (f) water closets and kitchen areas serving the Premises exclusively, (g) doors and lock sets, (h) fire extinguishers in all cases, to ordinary wear and tear. Landlord has no responsibility for any cost, repair, maintenance or replacement of any portion of the Building, Premises, systems and (i) vaults, safes, or equipmentsecured areas. For the aforesaid items, Landlord may elect at Landlord's option, with Xxxxxx's approval (which approval will not be unreasonably withheld) to maintain and repair same at Tenant's expense and Tenant acknowledges and agrees that Tenant is accepting the Building and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall will be made in a good and workmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premisesbilled for same as Additional Rent.

Tenant’s Responsibilities. (a) During the Lease Term, Tenant shall, at its sole cost and expense and subject to ordinary wear and tear, keep will repair and maintain in operating condition the following at Tenant's expense: (1) The interior portion of the demising walls, the interior partition walls of the Premises and repair their wall-covering, and the entry door to the Premises. (2) The electrical, plumbing, HVAC and mechanical systems which have been installed by either Landlord or Tenant, for the exclusive use and benefit of Tenant, whether installed in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or exterior grounds of the Building.. The following examples are for clarification and are not all inclusive: (a) electrical services for computers or similar items, (b) projection room equipment such as dimmers, curtains, or similar items, (c) water closet plumbing, kitchen plumbing or similar items, (d) HVAC for other than comfort cooling in the Premises, and (e) other similar systems and related items, (f) plumbing, plumbing fixtures and related equipment, (f) heating, ventilating and air conditioning equipment, (g) security systems for the Premises, (h) telephone system for the Premises, (i) fire sprinkler alterations made exclusively for the Premises and under the Tenant's control, and (j) all fire extinguishers, including inspection of same. Notwithstanding anything herein to the contrary, any and all mechanical and electrical systems serving the Premises (including without limitation compressors, feeds, meters, conduit and related equipment and facilities) shall be maintained by Tenant at its expense regardless whether the roof and windows and improvements same are located in outside of the Building, all electrical, mechanical and plumbing systems Premises. (3) Except for the Buildingjanitorial services to be provided by Landlord, and any and all systems and HVAC systems for the Building (includingif any, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain as set forth in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition , the repair and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and Tenant agrees, at its own cost and expense, to keep in effect throughout the entire Term a service contract for the HVAC system with a reputable heating and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas floor covering of the Premises, including paved carpeting, VAT flooring, ceramic tiles, marble, wood flooring, or similar coverings, shall be performed by Tenant. (4) The removal and landscaped areas clean-up of any environmentally hazardous situation caused by Tenant or tenant's agents in a neat manner satisfactory to Landlord and orderly condition in compliance with the rules, regulations, ordinances, statutes, laws, and codes of any local, state or federal government or quasi-governmental authority. (5) All cabinets and millwork (regardless of ownership) so long as said cabinets and millwork are for the exclusive use and benefit of Tenant. (6) All other personal property, improvements or fixtures, except any of same expressly designated in this Lease as those which Landlord shall maintain. Those items to maintain the paved areas in operating condition be repaired and repair in the manner that they have been maintained by Tenant subjectinclude, in all casesbut are not limited to, to ordinary wear the following: (a) ceiling tiles and tear. Landlord has no responsibility for any costceiling grid, repair(b) molding or other woodwork and paneling, maintenance (c) light fixtures and bulbs, (d) draperies, blinds or replacement of any portion of the Buildingwallhangings, Premises(e) glass partition walls, systems or equipment. Tenant acknowledges (f) water closets and agrees that Tenant is accepting the Building kitchen areas, (g) doors and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall be made in a good and workmanlike mannerlocksets, and in accordance (h) vaults, safes, or secured areas. For the aforesaid items, Landlord may elect, with all applicable laws Tenant's approval (which approval will not be unreasonably withheld) to maintain and regulations of all governmental authorities having jurisdiction over the Building repair same at Tenant's expense and Premises. All replacement materials utilized by Tenant hereunder shall will be of an equal quality to the existing materials currently utilized at the Premisesbilled for same as Additional Rent.

Tenant’s Responsibilities. During the Lease Term, Tenant will repair and maintain the following at Tenant's expense: (i) The interior portion of the demising walls, the interior partition walls of the Premises and their wall-covering, and the entry door to the Premises. (ii) The electrical, plumbing, air-conditioning, mechanical systems and all telecommunication systems which have been installed by either Landlord or Tenant, for the exclusive use and benefit of Tenant, whether installed in the interior or exterior of the Building.. The following examples are for clarification and are not all inclusive: (a) Tenant shallelectrical services for computers or similar items, at its sole cost and expense and subject to ordinary wear and tear(b) projection room equipment such as dimmers, keep and maintain curtains, or similar items, (c) water closet plumbing, kitchen plumbing or similar items, (d) air-conditioning for other than comfort cooling in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Premises, including without limitation and (e) other similar systems and related items, (f) plumbing, plumbing fixtures and related equipment, (g) heating (to the roof extent installed by Tenant), ventilating and windows and improvements located in the Buildingair conditioning equipment, all electrical, mechanical and plumbing (h) security systems for the BuildingPremises, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use thereof, including, but not limited to, communication and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at the termination of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC i) telephone system for the BuildingPremises, (j) fire sprinkler alterations made exclusively for the Premises and under the Tenant's control, and Tenant agrees(k) all fire extinguishers, at its own cost and expense, to keep in effect throughout the entire Term a service contract including inspection of same. (iii) Except for the HVAC system with a reputable heating janitorial services to be provided by Landlord to the Common Area only, the repair and cooling company, which HVAC system shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain of the exterior areas floor covering of the Premises, including paved carpeting, VAT flooring, ceramic tiles, marble, wood flooring, or similar coverings, shall be performed by Tenant. (iv) The removal and landscaped areas clean-up of any environmentally hazardous situation caused by Tenant or Tenant's Agents in a neat strict compliance with the rules, regulations, ordinances, statutes, laws, and orderly condition codes of any local, state or federal government or quasi-governmental authority. (v) All cabinets and millwork (regardless of ownership) so long as said cabinets and millwork are for the exclusive use and benefit of Tenant. (vi) All other personal property, improvements or fixtures located within the Premises or otherwise placed in or about the Building with the prior consent of Landlord, except any of same expressly designated in this Lease as those which Landlord shall maintain. Those items to maintain the paved areas in operating condition be repaired and repair in the manner that they have been maintained by Tenant subjectinclude, in all casesbut are not limited to, to ordinary wear the following: (a) ceiling tiles and tear. Landlord has no responsibility for any costceiling grid, repair(b) molding or other woodwork and paneling, maintenance (c) light fixtures and bulbs, (d) draperies, blinds or replacement of any portion of the Buildingwallhangings, Premises(e) glass partition walls, systems or equipment. Tenant acknowledges (f) water closets and agrees that Tenant is accepting the Building kitchen areas, (g) doors and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All repairs and replacements made by or on behalf of Tenant shall be made in a good and workmanlike mannerlocksets, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premises(h) vaults, safes, or secured areas.

Tenant’s Responsibilities. (a) Except to the extent specifically -------------------------- identified as Landlord's responsibility in Section 8.2, below, Tenant shall, at its sole cost and expense and subject to ordinary wear and tearown expense, keep and maintain in operating condition and repair in the manner they have been previously maintained by Tenant, in all cases to ordinary wear and tear, including replacements if necessary, all portions of the Building and Premises including the exterior, structural and interior portions of the Building or the Demised Premises, including without limitation the roof and windows and improvements located in the Building, all electrical, mechanical and plumbing systems for the Building, and any and all systems and HVAC systems for the Building (including, by way of example, air conditioners, transformers and plumbing); provided, however, that Tenant shall not be required to maintain in operating condition and repair any systems or equipment which it has installed for its own use and enjoyment upon its election to discontinue the use every part thereof, including, but not limited toby way of limitation, communication the grounds, landscaped areas, truck parking and security systems. Upon Landlord's request Tenant shall remove any such discontinued system or equipment at loading and dock areas, the termination roof surface and roof membrane (but only as to routine and ongoing maintenance), drainage xxxxxx, gutters, downspouts, glass, interior and exterior portions of this Lease; provided that Tenant shall not be required to remove wiring installed within walls. In addition and subject to the preceding sentence, Tenant shall, at its sole cost and expense, be responsible for the normal and routine maintenance and repair of the HVAC system for the Building, and the plumbing, heating, air- conditioning, wiring, elevators and other mechanical systems therein, the facilities thereof and all sidewalks, parking areas, driveways, passageways and alleys adjacent thereto and other appurtenances thereunto belonging, in good order, appearance, condition and repair (reasonable wear and tear excepted), free of obstructions, dirt, and rubbish, and so as to comply fully and at all times with all present and future applicable governmental laws, rules and regulations, consistent with other comparable business and industrial parks in the Market Area. Tenant agreesagrees to make all replacements and repairs to the Demised Premises necessary to maintain the Demised Premises in the condition described in the preceding sentence. Tenant, at its own cost and expense, to keep shall also seal (paint) the exterior of the Building periodically during the Term (including any Option Term) of this Lease in effect throughout accordance with the entire Term a service contract recommendations of the manufacturer of the material used for the HVAC system with a reputable heating and cooling companyexterior of said Building, which HVAC system Tenant shall be inspected and have routine preventative maintenance performed at least once per year. Tenant also agrees to maintain the exterior areas regular service contracts for all of the Demised Premises' (i) HVAC system, including paved and landscaped areas in a neat (ii) elevator(s), and orderly condition and to maintain the paved areas in operating condition and repair in the manner that they have been shall, upon Landlord's request, provide Landlord copies of such contracts or any other maintenance or service contracts maintained by Tenant subjectwith respect to the Demised Premises. Any such contract shall be terminable by Tenant (or its successors, including Landlord or a Lender) on not less than thirty (30) days notice to the contractor or shall provide that it does not bind a Lender. All repairs, replacements and renewals shall be at least equal in all cases, quality and class to ordinary wear and tearthe original work. Landlord has no Because Tenant is undertaking the responsibility for any cost, repair, maintenance or replacement of any portion most aspects of the Building, ongoing maintenance of the Demised Premises, systems or equipment. Tenant acknowledges waives the provisions of California Civil Code Sections 1 941 and agrees that Tenant is accepting 1942 with respect to Landlord's obligations for tenantability of the Building Demised Premises and Premises in “AS-IS” “WHERE-IS” condition without any representation or warranty of any kind by Landlord. All Tenant's right to make repairs and replacements made by or on behalf deduct the expenses of Tenant such repairs from Rent. When used in this Article VIII, "repairs" shall be made in a good include all necessary replacements, renewals, alterations, additions and workmanlike manner, and in accordance with all applicable laws and regulations of all governmental authorities having jurisdiction over the Building and Premises. All replacement materials utilized by Tenant hereunder shall be of an equal quality to the existing materials currently utilized at the Premisesbetterments.