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5. Ongoing maintenance, repair and upkeep of the Property and all improvements located thereupon shall be provided by the Owner (including but not limited to controls on the proliferation of trash and debris about the Property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, pedestrian pathways/open space areas, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements, repair and maintenance of the sewer lateral that traverses the two parcels (APNs 410-301-11 and 410-301-10) that comprise the Project, and the like, as applicable). 6. Intentionally omitted. 7. Owner and Applicant shall not assign its interest in the property or any interest in any lease, sublease, license or sublicense, as applicable, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth this Agreement. 8. The surface of the driveways,fire lanes,vehicle parking areas, and public right-of-way areas adjacent to the Property as depicted on the Property Site Plan shall be maintained in a good and serviceable condition by the Owner,and shall be kept free of weeds,trash, or other debris. 9. The removal of solid waste, trash, or other debris from the Property shall be undertaken by a duly franchised solid waste hauler authorized to provide such services to commercial properties in the City. 10. The outdoor trash storage enclosure shall screen all trash containers from view. 11. Landscaping for the areas shown on the Property Site Plan shall be continuously maintained by the Owner as per approved landscape plans in a good condition. 12. Lighting shall be provided in all parking areas, vehicular access ways,and along major walkways, in accordance with the SAMC and approved by the Planning and Building Divisions. 13. Exterior surfaces of the building("Building")and all other structures,fixtures,or other improvements located on the Property, shall be kept free and clear of graffiti. Graffiti shall be promptly removed following the time of its application. Graffiti shall be removed by either painting over the evidence of such graffiti with a paint that has been color matched to the surface to which it is applied or graffiti may be removed with solvents or detergents, as applicable. A failure by Owner to remove graffiti within seven (7) days following its application on any structure, fixture or other improvement located on the Property shall be deemed to be a Maintenance Deficiency as defined below in Section 3(D). 14. The vehicle parking areas shown on the Property Site Plan shall be maintained in a good condition to facilitate the efficient loading and unloading of delivery truck areas (limited to areas immediately adjacent to the Building) and parking within the American with Disabilities Act complaint vehicle parking spaces for the Building as shown on the Property Site Plan. 15. Any abandoned vehicle on the Property shall be promptly removed. 3 087057\16824605v7