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Tenant for any violation of any of the Rules and Regulations (or any applicable Laws or covenants, conditions and restrictions applicable to the
<br />Project) by any other tenant or occupant of the Project.
<br />7.3 Hazardous 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 Tenant or any other Tenant Parties. Notwithstanding the foregoing, uonnal quantities of those Hozardous Materials
<br />customarily used in the conduct of general administrative and executive office activities (e.g„ copier Fluids and cleaning supplies) may be used and
<br />stored at die Premises in compliance with 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, notwithstanding any less stringent standards or remediation allowable under applicable
<br />Environmental Laws and (b) shall indemnify, defend and hold harmless Landlord fiem and against any and all Claims arising out of or relating to
<br />any Handling by or on behalf or Tenant or any Tenant Party of any Hazardous Materials upon, about, in, above or beneath the Premises or any
<br />portion of the Project and/or the presence of any Tenant's Hazardous Materials in, on, under or about the Project,
<br />ARTICLE 8 - UTILITIES AND SERVICES
<br />8.1 Building Services, Provided that no Event of Default exists, subject to the terms, conditions and standards set forth in this
<br />Lease, Landlord shall furnish or cause to be fin ilshed, as part of Operating Expenses to the Premises, the utilities and services described in Exhibit
<br />attached hereto.
<br />8.2 Interruption otServices. Landlord shall not be liable for any failure to famish, stoppage of, or interruption in furnishing any of
<br />the services or utilities described fit Exhibit '? 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 not 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 Obligations. Landlord shall endeavor to keep the Common Areas of the Building and the Project fit a clean and neat
<br />condition. Subject to Section 9.2 below: (a) Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the
<br />need therefor from Tenant, to the exterior wells, exterior doors and windows of the Building, and to public corridors and otter public areas of tie
<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 wear and tear excepted. Except as provided in Section 13.1
<br />there shall be no abatement of Rent, nor shall there be any liability of Landlord arising from the making ot; or failure to make, any maintenance or
<br />repairs, alterations or improvements in or to any portion of the Building or Project. Tenant waives the right to make repairs at Landlord's expense
<br />under Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter fit effect, and
<br />waives and releases the right to terminate this Lease under Section 1932(1) of the California Civil Code and under all other similar laws, statutes or
<br />ordinances now or hereafter in effect.
<br />9.2 Tenant's Obligations. During the Tenn of this Lease, Tenant shall, at its sole cost and expense, maintain the Premises in good
<br />order and repair and in a safe, clean and neat condition. Tenant shall make all repairs to the Premises not required to be made by Landlord under
<br />Section 9.1 above (including, without limitation, repair or replacement, as applicable, of all damaged and broken fixtures and appurtenances) with
<br />replacements of any materials to be made by use of materials of equal or better quality. Further, Tenant shall be responsible for, aid upon demand by
<br />Landlord shall promptly reimburse Landlord for, any damage to any portion of the Project or the Premises caused by: (a) activities of Tenant or any
<br />Tenant Party in or at time Premises or any other portion of the Project; (b) tie performance or existence of any Alterations made by or for Tenant or
<br />any Tenant Party in or to. the Premises; (c) the installation, use, operation or movement of Tenant's Personal Property in or about the Building or the
<br />Premises; (d) the design, installation or operation of any Alterations that are not consistent with Building Standards (as defined in the Work Letter);
<br />or (a) any act or omission by Tenant or any Tenant Party or any other person permitted in or invited to the Premises or the Project by Tenant or any
<br />Tenant Party.
<br />ARTICLE 10 - ALTERATIONS
<br />10.1 Landlnrd's Work Landlord's sole construction obligation under this Lease is set forth In Elie Work Letter. Except as expressly
<br />provided in the Work Letter. Landlord has made no representation or Waranty to Tenant and has no obligation to alter, roniodel, improve, renovate,
<br />repair or decorate the Premises, the Building, or the Projcet or any portion thereof. Tenant further acknowledges and agrees that no representations
<br />respecting the condition of die Premises, the Building or the Project have been made by Landlord to Tenant except as specifically set forth in this
<br />Lease.
<br />10.2 Landlord's Consent: Conditions. Except for Permitted Alterations, Tenant shall not make any Alterations (or allow or permit
<br />any Alterations to be made) without first obtaining the prior written consent of Landlord, which consent shall be requested in writing not less than
<br />fitleen (15) business days prior to the scheduled and actual commencement of any Work therein. All such Alterations: (a) shall comply with all
<br />applicable Laws, (b) shall be compatible (as determined in good faith by Landlord) with the Building and all Building Systems: (c) shall not iuterf'ere
<br />with Elie use and occupancy of any other portion orthe Building or the Project by any other tenants or their invitees; (d) shall 110L be visible from the
<br />exterior of the Building or (Font any Common Areas: and (e) shall not affect die Integrity of the structural portions of the Building, In addition,
<br />Landlord may impose as a condition to its consent to tiny Alterations, such additional requirements as Landlord in its sole discretion deems necessary
<br />or desirable (including, without limitation, a requirement f'or Tenon to obtain (or require its contractor to obtain) n completion and lien indemnity
<br />build prior to commencement or ally Attentions). Within ten (10) days of written demand theraror, Tenant shall: (I) reimburse all costs and
<br />expenses -incurred by Landlord because of Tenant's Alterations and (if) shall pay Landlord's supervision fee in an amount equal to ten percent (10%)
<br />of the cost of' tile Alterations in question (provided Eliot no supervision fee shall bo payable with respect to Permitted Alterations). Tenant mid
<br />Tenant's contractors shall comply With such consuvetion 1111CS Gild ®gulations and building standards as Landlord may promulgate from time to
<br />801 Ft Oulu Ceener De—Qi, afSanmAna Lease .9.
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