BOOKS AND RECORDS FOR THE
MOST RECENT FULL CALENDAR YEAR AND ANY SUBSEQUENT PARTIAL CALENDAR YEAR.
(II)
ANY THIRD PARTY WARRANTIES, GUARANTIES AND
OPERATING MANUALS IN TENANT'S POSSESSION RELATING TO THE IMPROVEMENTS IN THE
PROJECT AND ANY BUILDING SYSTEMS BEING MAINTAINED BY TENANT (COPIES THEREOF
WHERE REASONABLY ACCEPTABLE).
(III)
ALL KEYS RELATED TO THE TELEPHONE CLOSETS,
JANITORIAL CLOSETS, ELECTRICAL CLOSETS, STORAGE ROOMS, STORAGE AREAS, SDG&E
ROOMS OR AREAS, ROOFTOP ACCESS POINTS, AND OTHER AREAS WHICH WOULD TRADITIONALLY
BE CHARACTERIZED AS COMMON AREAS.
(IV)
A CERTIFICATION THAT TENANT HAS MAINTAINED
THOSE PORTIONS OF THE PROJECT, BUILDING AND PREMISES REQUIRED TO BE MAINTAINED
BY TENANT IN ACCORDANCE WITH THE TCCS OF THIS ARTICLE 6.
THE OBLIGATION OF TENANT TO DELIVER THE FOREGOING SHALL SURVIVE THE TERMINATION
OF THE LEASE.
23
6.4.5
ASSIGNMENT OF WARRANTIES.
AS OF THE EFFECTIVE
DATE, LANDLORD ASSIGNS TO TENANT ALL OF LANDLORD'S RIGHTS UNDER ANY AND ALL
WARRANTIES AND SERVICE CONTRACTS, TO THE EXTENT EXISTING, WHICH RELATE TO ANY
BUILDING SYSTEM OR OTHER MAINTENANCE OBLIGATIONS OF TENANT UNDER THE TERMS OF
THIS LEASE.
6.5
LANDLORD'S ASSUMPTION OF MAINTENANCE.
LANDLORD SHALL HAVE THE RIGHT, AFTER TWENTY-FOUR (24) HOURS NOTICE TO TENANT, TO
INSPECT THE BUILDING, BUILDING SYSTEMS, THE CENTRAL PLANT AREA, AND/OR TENANT'S
BOOKS AND RECORDS, IN ORDER TO ENSURE COMPLIANCE WITH THIS ARTICLE 6.
IN THE
EVENT TENANT FAILS, IN THE REASONABLE JUDGMENT OF LANDLORD, TO PROVIDE THE
MAINTENANCE SERVICES (OR CAUSE THE SAME TO BE PROVIDED) IN ACCORDANCE WITH THE
OBLIGATIONS SET FORTH IN THIS ARTICLE 6, LANDLORD SHALL DELIVER A WRITTEN NOTICE
(A "MAINTENANCE FAILURE NOTICE") TO TENANT STATING WITH PARTICULARITY THE NATURE
OF SUCH FAILURE (SUCH FAILURE BY TENANT TO BE KNOWN AS A "TENANT MAINTENANCE
FAILURE").
IF SUCH TENANT MAINTENANCE FAILURE CONTINUES AT THE END OF THE FIFTH
(5TH) BUSINESS DAY FOLLOWING THE DATE OF DELIVERY OF SUCH MAINTENANCE FAILURE
NOTICE, THEN LANDLORD SHALL HAVE THE RIGHT TO PROVIDE SUCH MAINTENANCE AND
TENANT SHALL PAY LANDLORD THE COST THEREOF PROMPTLY UPON BEING BILLED FOR SAME
(INCLUDING A PERCENTAGE OF THE COST THEREOF SUFFICIENT TO REIMBURSE LANDLORD FOR
ALL OVERHEAD, GENERAL CONDITIONS, FEES AND OTHER COSTS OR EXPENSES ARISING FROM
LANDLORD'S INVOLVEMENT WITH SUCH MAINTENANCE); PROVIDED, HOWEVER, IN THE EVENT
OF AN EMERGENCY, LANDLORD MAY TAKE SUCH REMEDIAL ACTION IMMEDIATELY FOLLOWING
THE DELIVERY OF THE MAINTENANCE FAILURE NOTICE.
IN THE EVENT MORE THAN TWO
(2) TENANT MAINTENANCE FAILURES OCCUR DURING ANY CALENDAR YEAR DURING THE LEASE
TERM, LANDLORD MAY, BUT NEED NOT, ASSUME SUCH REPAIR AND MAINTENANCE OBLIGATIONS
ON BEHALF OF TENANT FOR THE REMAINDER OF THE LEASE TERM, IN WHICH CASE
(I) TENANT SHALL PAY LANDLORD THE COST THEREOF PROMPTLY UPON BEING BILLED FOR
SAME, AND (II) LANDLORD'S MANAGEMENT FEE FOR THE PROJECT SHALL, NOTWITHSTANDING
THE MANAGEMENT FEE SET FORTH IN SECTION 4.2.4(VI), BE INCREASED TO FIVE PERCENT
(5%).
6.6
INTERRUPTION OF USE.
EXCEPT AS OTHERWISE
PROVIDED IN THIS LEASE, TENANT AGREES THAT LANDLORD SHALL NOT BE LIABLE FOR
DAMAGES, BY ABATEMENT OF RENT OR OTHERWISE, FOR FAILURE TO FURNISH OR DELAY IN