TERMINATION OF THIS LEASE WITH RESPECT TO THE SOUTHERN BUILDING,
LANDLORD MAY DO SO AT TENANT'S EXPENSE.
Landlord reserves the right to use portions of the roof space on the Southern
Building or lease roof space on the Southern Building to other parties;
provided, however, any party to which Landlord leases such roof space shall be
subject to similar restrictions as set forth in this Article XIII.
ARTICLE IX
REPAIRS
9.1
LANDLORD'S REPAIR OBLIGATIONS.
SUBJECT TO
ARTICLES XIII AND XIV OF THIS LEASE, LANDLORD SHALL REPAIR, MAINTAIN AND
REPLACE, AS NECESSARY (A) AT LANDLORD'S SOLE COST AND EXPENSE, THE STRUCTURAL
PORTIONS OF THE DEMISED PREMISES AND THE SOUTHERN BUILDING (INCLUDING THE
STRUCTURAL ELEMENTS OF THE ROOF, STRUCTURAL WALLS, UNDERGROUND UTILITIES,
CONCRETE SUBFLOORING AND FOUNDATIONS), (B) AS PART OF THE OPERATING EXPENSES
(EXCEPT TO THE EXTENT OTHERWISE EXCLUDED PURSUANT TO SECTIONS 6.2 AND 6.8 ABOVE
OR THIS SECTION 9.1 BELOW), (I) THE BUILDING SYSTEMS AND
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EQUIPMENT (BUT NOT ANY ABOVE STANDARD IMPROVEMENTS INSTALLED IN THE PREMISES
SUCH AS, FOR EXAMPLE, BUT BY WAY OF LIMITATION, CUSTOM LIGHTING, SPECIAL OR
SUPPLEMENTARY HVAC OR PLUMBING SYSTEMS OR DISTRIBUTION EXTENSIONS, SPECIAL OR
SUPPLEMENTAL ELECTRICAL PANELS OR DISTRIBUTION SYSTEMS, OR KITCHEN OR RESTROOM
FACILITIES AND APPLIANCES TO THE EXTENT SUCH FACILITIES AND APPLIANCES ARE
INTENDED FOR THE EXCLUSIVE USE OF TENANT), (II) THE BUILDING COMMON AREAS WITH
RESPECT TO THE SOUTHERN BUILDING AND (III) THE PROJECT COMMON AREAS; PROVIDED,
HOWEVER, TO THE EXTENT SUCH MAINTENANCE, REPAIRS OR REPLACEMENTS ARE REQUIRED AS
A RESULT OF ANY ACT, NEGLECT, FAULT OR OMISSION OF TENANT OR ANY OF THE TENANT
PARTIES, TENANT SHALL PAY TO LANDLORD, AS ADDITIONAL RENT, THE COST OF ANY SUCH
MAINTENANCE, REPAIRS OR REPLACEMENTS.
LANDLORD SHALL NOT BE LIABLE TO TENANT
FOR FAILURE TO PERFORM ANY SUCH MAINTENANCE, REPAIRS OR REPLACEMENTS, UNLESS
LANDLORD SHALL FAIL TO MAKE SUCH MAINTENANCE, REPAIRS OR REPLACEMENTS AND SUCH
FAILURE SHALL CONTINUE FOR A REASONABLE TIME FOLLOWING WRITTEN NOTICE FROM
TENANT TO LANDLORD OF THE NEED THEREFOR.
WITHOUT LIMITING THE FOREGOING, TENANT
WAIVES THE RIGHT TO MAKE REPAIRS AT LANDLORD'S EXPENSE UNDER ANY LAW, STATUTE OR
ORDINANCE NOW OR HEREAFTER IN EFFECT (INCLUDING THE PROVISIONS OF CALIFORNIA
CIVIL CODE SECTION 1942 AND ANY SUCCESSIVE SECTIONS OR STATUTES OF A SIMILAR
NATURE).
NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THIS LEASE TO THE
CONTRARY, THE COSTS INCURRED BY LANDLORD IN MAINTAINING THE STRUCTURAL PORTIONS
OF THE SOUTHERN BUILDING (AS DESCRIBED IN SECTION 9.1(A) ABOVE) SHALL BE AT
LANDLORD'S SOLE COST AND EXPENSE AND NOT BE INCLUDED IN OPERATING EXPENSES.
9.2
TENANT'S REPAIR OBLIGATIONS.
EXCEPT FOR
LANDLORD'S OBLIGATIONS SPECIFICALLY SET FORTH IN THIS LEASE, TENANT SHALL AT ALL
TIMES AND AT TENANT'S SOLE COST AND EXPENSE, KEEP, MAINTAIN, CLEAN, REPAIR,
PRESERVE AND REPLACE, AS NECESSARY, THE DEMISED PREMISES AND ALL PARTS THEREOF
INCLUDING, WITHOUT LIMITATION, ALL IMPROVEMENTS, ALTERATIONS, ALL SPECIAL OR
SUPPLEMENTAL HVAC SYSTEMS, ELECTRICAL SYSTEMS, PIPES AND CONDUITS LOCATED WITHIN
THE DEMISED PREMISES, ALL FIXTURES, FURNITURE AND EQUIPMENT, TENANT'S SIGNS,
LOCKS, CLOSING DEVICES, SECURITY DEVICES, WINDOWS, WINDOW SASHES, CASEMENTS