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EXHIBIT 1D
<br />Tenant for any violation of any of the Rules and Regulations (or any Applicable Laws or covenants, conditions end restrictions applicable to the
<br />Project) by any other tenant or occupant of Ilia Project.
<br />7.3 I-Inxnrdnns Materials, No Hazardous Materials shall be Handled upon, about, in, above or beneath the Premises or any portion
<br />of the Project by or on behalf of'renant or any other Tenant Parties, Notwithstanding the foregoing, normal quantities of those Hazardous Materials
<br />cuslontarliy used in the conduct of general administrative and executive office activities (e.g„ copier fluids and cleaning supplies) may he used and
<br />stored at ilia Pmullses in compliance will, all Laws and the highest prevailing Industry standards. Tenant shall: (a) take all actions (or at Landlord's
<br />election, reimburse Landlord for taking all actions) necessary to restore the Premises or any portion of the Project to the condition existing prior to
<br />the introduction of any Tenant's Hazardous Materials, nonvithstandhng Any less stringent standards or remediation allowable under applicable
<br />Environmental Laws and (b) shall Indemnify, defend and hold harmless Landlord fi•om and against any and all Claims wising out or or relating to
<br />any Handling by or on behalf of Tenant or any Tenant Party of any Hazardous Materials upon, about, in, above or beneath the Premises or tiny
<br />Portion of the Project and/or the presence of any Tenant's Hazardous Materials in, on, under or about die Project,
<br />ARTICI R S • VTILITI,5„r,) j1ND SERVICES
<br />9.1 Dulldine Sot -vices. Provided that no Event or Default exists, subject to the terns, conditions and standards set fork in this
<br />Lease, Landlord shall furnish or cause to be fiimished, as part of Operating Expenses to lie Premises, the utilities and services described in Exhibit
<br />"F" attached hereto.
<br />8.2 Interruntion of Services, Landlord shall not be liable for Any failure to furnish, stoppage of, or interruption in furnishing any of
<br />the services or utilities described in Exhibit 'V when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor
<br />disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond
<br />Landlord's reasonable control, and, In such event. Tenant shall net be entitled to any damages nor shall any failure or interruption abate or suspend
<br />Tenant's obligation to pay Rent under this Lease or constitute or be construed as a constructive or other eviction of Tenant.
<br />ARTICLE 9. MAINTENANCE AND REPAIRS
<br />9.1 Landlord's Ohli-Inlimr s. Landlord shall endeavor to keep the Common Areas of tiro Building and the Project in a clean and neat
<br />condition. Subject to Section 9.2 below: (a) Landlord shall make all necessary repairs, within a reasonable period following reoelpt of notice or the
<br />need therefor Pom Tenant, to the exterior walls, exterior doors and windows of the Building, and to public corridors gild alter public areas of Ole
<br />Project not constituting a portion of any tenants' premises and (b) shall use commercially reasonable efforts to keep all Building Systems used by
<br />Tenant in common with other tenants in reasonable condition and repair, reasonable weer and Leer excepted. Except as provided in Section 13,1
<br />there shall be no abatement of Rent, nor shall there be Any liability of Landlord raising from the making o; or failure to make, any maintenance or
<br />repairs, alterations or improvements in or to any portion of the Building or Project. Tenant waives lie light to make repairs at Landlord's expense
<br />under Sections 1941 and 1942 or the California Civil Code, end under all other similar laws, statutes or ordinances now or hereafter in effect, and
<br />waives and releases the right to terminate flis Lease under Section 1932(1) of the Colifamin Civil Code and under all other similar laws, stanttes or
<br />ordinances now or hereafter In effect.
<br />9.2 Tenant's Obligations, During Ilse Term ordds Lease, Tenant shall, at its sale cost and expense, maintain the Premises to good
<br />order and repair and in a safe, claim and neat conditions. Tenant shalt make oil repairs to the Promises not required to be made by Landlord under
<br />Seetlon 9.1 above (including, without limitation, repair or replacement, as applicable, of all damaged and broken lixlm•es and Appurtenances) with
<br />replacements orally materials to be node by use of materials of equal or better quality, Purrhep Tenant shall be responsible for, and upon demand by
<br />Landlord shall promptly reimburse Landlord for, any damage to any portion orthc Projector ilia Premises caused by: (a) activitles orTenant or any
<br />Tennnt Party in or at Ilia Premises or Any other portion or die project; (b) the performance or existence of any Alterations made by or for Tenant or
<br />any Tenant Party in or to the Premises; (a) tine installation, use, operation or movement of Tenant's Personal Property in or about the Building or the
<br />Prennisc% (d) the design, installation or operation or any Alterations that are not consistent with Building Standards (as defined in the Work Letter);
<br />or (a) any get or emission by Tenant or any Tenant Party or any other person permitted in or invited to ilia Premises or the Project by Tenant or any
<br />Tenant Party.
<br />611TICLE 10 • ALTERATIQ,INS
<br />10.1 Landlord's 1tVark. Landlord's sole construction obligation under this Lease is set forth in the Work Letter. Except as expressly
<br />provided in the Work Letter. Landlord has made no representation or warranty to Tenant and litre no obligation to alter, mntodet, improve, renovate,
<br />repair or decorate the Promises, the Building, or the Project or any portion therecr, Tenant further Acknowledges and agrees that no representations
<br />respecting the condition of the Promises, the Building or the Project have been made by Landlord to Tenant a�cept as specif unity set forth in this
<br />Lease.
<br />10.2 Landlord's Cunsen(� Co nlitinnc, Except fir Permitted Alterations, Tenant shall not make any Alterations (or allow or permit
<br />Any Alterations to be made) without first obtaining Ilia prior written consent of Landlord, which consent shall be requested in writing not less than
<br />1)Iles) ( IS) business days prior to the scheduled and actual conunencement of any work therein. All such Alterations: (a) shall comply with all
<br />applicable Laws, (b) shall he compudble (us determined in good faith by Landlord) with ilia Building slid all Building Systems; (c) shall not intniTerc
<br />with the use and ll=upuncy orony other portion of rho Building or the Prnlect by any other tenants or their invitees; (d) shall not be visible from the
<br />exterior of the Building or from any Common Areas: and (a) shall not anecl die imegrity or the structural pardons or the Building. In addition,
<br />Landlord may Impose as A condition to its consent to any Alterations, such additional requirements As landlord in its sole discretion deems necessary
<br />m desirable (including, without limi(ation, u requirement for Tenant to ubtain (or require Its comracior to obtain) n completion and lien indemnity
<br />build prior to canunaneement of tiny Ahamtions). Within ton (10) days of written demand therefor, Tenant shall; (i) reimburse all costs and
<br />expenses incurred by Landlord because of Tenarl s Alterations And (11) shall pay Landlord's supervision fee in nn umounl equal to ten percent (10%)
<br />or lie cost of the Migrations in question (provided that an supervision fee shall be puyubhe with respect to Permitted Alterations). Tenant mid
<br />Tznunl's contractors shall comply With such eonst uc0orl rules and regulations and building swndords as L.andlmd any promulgate rrom lime to
<br />Sill I4'014e Cenler Ve— Cltr nf.Smua Ann Leave -9.
<br />80A-337
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