THE BUILDING STRUCTURE
AND BUILDING SYSTEMS SHALL BE COLLECTIVELY REFERRED TO AS THE "BASE BUILDING."
EXCEPT AS TO LANDLORD'S OBLIGATIONS SET FORTH ABOVE IN THIS SECTION 7.1, TENANT
SHALL, AT TENANT'S OWN EXPENSE, KEEP THE PREMISES, INCLUDING ALL ALTERATIONS,
"TENANT IMPROVEMENTS," AS THAT TERM IS DEFINED IN THE TENANT WORK LETTER, ALL
IMPROVEMENTS, FIXTURES FURNISHINGS, AND SYSTEMS AND EQUIPMENT THEREIN
(INCLUDING, WITHOUT LIMITATION, PLUMBING FIXTURES AND EQUIPMENT SUCH AS
DISHWASHERS, GARBAGE DISPOSALS, AND INSTA-HOT DISPENSERS), IN GOOD ORDER, REPAIR
AND CONDITION AT ALL TIMES DURING THE LEASE TERM.
IN ADDITION, EXCEPT AS
PROVIDED AS PART OF LANDLORD'S REPAIR OBLIGATIONS SET FORTH ABOVE OR ELSEWHERE
IN THIS LEASE, TENANT SHALL, AT TENANT'S OWN EXPENSE, BUT UNDER THE SUPERVISION
AND SUBJECT TO THE PRIOR APPROVAL OF LANDLORD, AND WITHIN ANY REASONABLE PERIOD
OF TIME, PROMPTLY AND ADEQUATELY COMPLETE ALL REPAIRS WHICH TENANT IS OBLIGATED
TO COMPLETE; PROVIDED HOWEVER, THAT, AT LANDLORD'S OPTION, IF TENANT FAILS TO
MAKE SUCH REPAIRS, LANDLORD MAY, BUT NEED NOT, ON NOT LESS THAN TEN (10)
BUSINESS DAYS NOTICE TO TENANT (EXCEPT IN THE CASE OF AN EMERGENCY), MAKE SUCH
REPAIRS, AND, TO THE EXTENT TENANT WAS OBLIGATED TO UNDERTAKE SUCH REPAIR AT
TENANT'S SOLE COST, TENANT SHALL, WITHIN THIRTY (30) DAYS FOLLOWING DEMAND BY
LANDLORD, PAY LANDLORD THE ACTUAL AND REASONABLE COST EXPENDED BY LANDLORD IN
CONNECTION THEREWITH.
LANDLORD MAY, BUT SHALL NOT BE REQUIRED TO, AND ON NOT
LESS THAN 24 HOURS PRIOR WRITTEN NOTICE, ENTER THE PREMISES AT REASONABLE TIMES
TO MAKE REPAIRS, ALTERATIONS, IMPROVEMENTS OR ADDITIONS TO THE PREMISES OR TO
THE BUILDING OR TO ANY EQUIPMENT LOCATED IN THE BUILDING AS REQUIRED BY THE
TERMS OF THIS LEASE, OR AS REQUIRED BY GOVERNMENTAL OR QUASI-GOVERNMENTAL
AUTHORITY OR COURT ORDER OR DECREE.
SUBJECT TO SECTION 7.2, BELOW, TENANT
HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF SUBSECTION 1 OF
SECTION 1932 AND SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER
ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.
7.2
TENANT'S RIGHT TO MAKE REPAIRS.
IF TENANT
PROVIDES WRITTEN NOTICE TO LANDLORD OF AN EVENT OR CIRCUMSTANCE WHICH REQUIRES
THE ACTION OF LANDLORD WITH RESPECT TO THE PROVISION OF UTILITIES AND/OR
SERVICES AND/OR REPAIRS AND/OR MAINTENANCE TO THE PREMISES, AND LANDLORD FAILS
TO PROVIDE SUCH ACTION AS REQUIRED BY THE TERMS OF THIS LEASE WITHIN THIRTY (30)
DAYS AFTER RECEIPT OF SUCH WRITTEN NOTICE (OR SUCH LONGER PERIOD OF TIME IF THE
NATURE OF SUCH ACTION IS SUCH THAT THE SAME CANNOT REASONABLY BE COMPLETED
WITHIN A THIRTY (30) DAY PERIOD, PROVIDED LANDLORD HAS DILIGENTLY AND
CONTINUOUSLY COMMENCED SUCH ACTION WITHIN SUCH PERIOD AND THEREAFTER DILIGENTLY
PROCEEDS TO COMPLETE SAID ACTION AS SOON AS POSSIBLE), THEN TENANT MAY PROCEED
TO TAKE THE REQUIRED ACTION UPON DELIVERY OF AN ADDITIONAL FIVE (5) DAYS NOTICE
TO LANDLORD SPECIFYING THAT TENANT IS TAKING SUCH REQUIRED ACTION, AND IF SUCH
ACTION WAS REQUIRED UNDER THE TERMS OF THIS LEASE TO BE TAKEN BY LANDLORD, THEN
TENANT SHALL BE ENTITLED TO PROMPT