PAY LESSEE'S SHARE OF THAT PORTION OF THE COST OF EACH
REPLACEMENT, TOGETHER WITH ANNUAL INTEREST AT THE AGREED RATE, WHICH SHALL BE
AMORTIZED OVER THE USEFUL LIFE OF EACH SUCH REPLACEMENT APPLICABLE TO THE
BALANCE OF THE LEASE TERM, IN EQUAL MONTHLY INSTALLMENTS DUE AND PAYABLE WITH
INSTALLMENTS OF BASE RENT.
LESSEE SHALL GIVE LESSOR WRITTEN NOTICE OF ANY NEED
OF REPAIRS WHICH ARE THE OBLIGATION OF LESSOR HEREUNDER AND LESSOR SHALL HAVE A
REASONABLE TIME TO PERFORM SAME.
SHOULD LESSOR DEFAULT AS PROVIDED IN SECTION
12.03 WITH RESPECT TO ITS OBLIGATION TO MAKE ANY OF THE REPAIRS ASSUMED BY IT
HEREUNDER WITH RESPECT TO THE PREMISES, LESSEE SHALL HAVE THE RIGHT TO PERFORM
SUCH REPAIRS AND LESSOR AGREES THAT WITHIN THIRTY (30) DAYS AFTER WRITTEN DEMAND
ACCOMPANIED BY DETAILED INVOICE(S), IT SHALL PAY TO LESSEE THE COST OF ANY SUCH
REPAIRS TOGETHER WITH ACCRUED INTEREST FROM THE DATE OF LESSEE'S PAYMENT AT THE
AGREED RATE.
LESSOR SHALL NOT BE LIABLE TO LESSEE, ITS EMPLOYEES, INVITEES, OR
LICENSEES FOR ANY DAMAGE TO PERSON OR PROPERTY, AND LESSEE'S SOLE RIGHT AND
REMEDY SHALL BE THE PERFORMANCE OF SAID REPAIRS BY LESSEE WITH RIGHT OF
REIMBURSEMENT FROM LESSOR OF THE REASONABLE FAIR MARKET COST OF SAID REPAIRS,
NOT EXCEEDING THE SUM ACTUALLY EXPENDED BY LESSEE, TOGETHER WITH ACCRUED
INTEREST FROM THE DATE OF LESSEE'S PAYMENT AT THE AGREED RATE, PROVIDED THAT
NOTHING HEREIN SHALL BE DEEMED TO CREATE A RIGHT OF SETOFF OR WITHHOLDING BY
LESSEE OF BASE RENT OR ADDITIONAL RENT OR ANY OTHER AMOUNTS DUE HEREIN.
LESSEE
HEREBY EXPRESSLY WAIVES ALL RIGHTS UNDER AND BENEFITS OF SECTIONS 1941 AND 1942
OF THE CALIFORNIA CIVIL CODE OR UNDER ANY SIMILAR LAW, STATUTE OR ORDINANCE NOW
OR HEREAFTER IN EFFECT TO MAKE REPAIRS AND OFFSET THE COST OF SAME AGAINST RENT
OR TO WITHHOLD OR DELAY ANY
16
payment of rent or any other of its obligations hereunder as a result of any
default by Lessor under this Section 6.01.(b).
(C)
LESSEE AGREES TO KEEP THE PREMISES, BOTH INSIDE AND OUT, CLEAN AND
IN SANITARY CONDITION AS REQUIRED BY THE HEALTH, SANITARY AND POLICE ORDINANCES
AND REGULATIONS OF ANY POLITICAL SUBDIVISION HAVING JURISDICTION AND TO REMOVE
ALL TRASH AND DEBRIS WHICH MAY BE FOUND IN OR AROUND THE PREMISES.
LESSEE
FURTHER AGREES TO KEEP THE INTERIOR SURFACES OF THE PREMISES, INCLUDING, WITHOUT
LIMITATION, WINDOWS, FLOORS, WALLS, DOORS, SHOWCASES AND FIXTURES CLEAN AND NEAT
IN APPEARANCE.
(D)
IF LESSEE REFUSES OR NEGLECTS TO COMMENCE SUCH REPAIRS AND/OR
MAINTENANCE FOR WHICH LESSEE IS RESPONSIBLE UNDER THIS ARTICLE VI WITHIN A
THIRTY (30) DAY PERIOD (OR AS SOON AS PRACTICAL AND IN NO EVENT LATER THAN FIVE
(5) DAYS, IF THE FAILURE TO INITIATE THE REPAIR THREATENS TO CAUSE FURTHER
DAMAGE TO THE PREMISES) AFTER WRITTEN NOTICE FROM LESSOR AND THEREAFTER
DILIGENTLY PROSECUTE THE SAME TO COMPLETION, THEN LESSOR MAY (I) ENTER THE
PREMISES (EXCEPT IN AN EMERGENCY, UPON AT LEAST 24 HOURS ADVANCED WRITTEN
NOTICE) DURING LESSOR'S BUSINESS HOURS AND CAUSE SUCH