CABS AND FIRE
STAIRWELLS), THE EXTERIOR WINDOWS OF THE BUILDING, THE ROOF OF THE BUILDING, THE
BASE, SHELL AND CORE COMPONENTS OF THE BUILDING (INCLUDING THE RESTROOMS
ORIGINALLY INSTALLED AS PART OF THE BASE, SHELL AND CORE AND THE MECHANICAL,
ELECTRICAL AND TELEPHONE CLOSETS), THE SYSTEMS AND EQUIPMENT OF THE BUILDING OR
PROJECT LOCATED OUTSIDE THE PREMISES (AND INSIDE THE PREMISES TO THE EXTENT PART
OF THE BASE, SHELL AND CORE), AND THE COMMON AREAS OF THE BUILDING (AND THE
COMMON AREAS OF THE REAL PROPERTY, INCLUDING THE PARKING FACILITIES, PLAZAS, ART
WORK AND SCULPTURES, UNTIL SUCH TIME AS SUCH REPAIR AND MAINTENANCE OBLIGATIONS
THEREFOR ARE MADE THE OBLIGATION OF ANY COMMON AREA ASSOCIATION); PROVIDED,
HOWEVER, TO THE EXTENT SUCH LANDLORD-REQUIRED MAINTENANCE AND REPAIRS ARE
REQUIRED TO BE PERFORMED AS A RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OR
OMISSION OF ANY DUTY BY TENANT, ITS AGENTS, EMPLOYEES OR INVITEES, TENANT SHALL
PAY TO LANDLORD AS ADDITIONAL RENT, THE REASONABLE COST OF SUCH MAINTENANCE AND
REPAIRS (BUT ONLY TO THE EXTENT SUCH COST IS NOT COVERED BY LANDLORD'S INSURANCE
OBTAINED PURSUANT TO SECTION 10.2 OF THIS LEASE).
SUBJECT TO LANDLORD'S
INDEMNITY OF TENANT IN SECTION 10.1.2 BELOW AND SUBJECT TO THE ABATEMENT
PROVISIONS IN SECTION 6.5 ABOVE, THERE SHALL BE NO ABATEMENT OF RENT AND NO
LIABILITY OF LANDLORD (INCLUDING ANY LIABILITY FOR ANY INJURY TO OR INTERFERENCE
WITH TENANT'S BUSINESS) ARISING FROM THE MAKING OF OR FAILURE TO MAKE ANY
REPAIRS, ALTERATIONS OR IMPROVEMENTS IN OR TO ANY PORTION OF THE REAL PROPERTY,
THE BUILDING OR THE PREMISES OR IN OR TO FIXTURES, APPURTENANCES AND EQUIPMENT
THEREIN.
SUBJECT TO SECTION 7.3 BELOW, TENANT HEREBY WAIVES AND RELEASES ITS
RIGHT TO MAKE REPAIRS AT LANDLORD'S EXPENSE UNDER SECTIONS 1941 AND 1942 OF THE
CALIFORNIA CIVIL CODE, OR UNDER ANY SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR
HEREAFTER IN EFFECT.
NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THIS LEASE TO
THE CONTRARY, TENANT SHALL NOT BE REQUIRED TO MAKE ANY REPAIR TO, MODIFICATION
OF, OR ADDITION TO THE BASE, SHELL AND CORE OF THE BUILDING, AND/OR THE SYSTEMS
AND EQUIPMENT OF THE BUILDING AND PROJECT LOCATED OUTSIDE THE PREMISES (AND
INSIDE THE PREMISES TO THE EXTENT PART OF THE BASE, SHELL AND CORE), EXCEPT AND
TO THE EXTENT REQUIRED BECAUSE OF (I) ANY ALTERATIONS OR TENANT IMPROVEMENTS
INSTALLED BY OR ON BEHALF OF TENANT, (II) ANY SPECIFIC ACT, OMISSION OR
NEGLIGENCE OF TENANT OR TENANT'S AGENTS, CONTRACTORS, EMPLOYEES OR LICENSEES
THAT IS NOT COVERED BY INSURANCE OBTAINED, OR REQUIRED TO BE OBTAINED BY,
LANDLORD AS PART OF OPERATING EXPENSES AND AS TO WHICH THE WAIVER OF SUBROGATION
APPLIES, AND/OR (III) TENANT'S SPECIFIC MANNER OF USE OF THE PREMISES (AS
DISTINGUISHED FROM GENERAL OFFICE USE).
7.3
TENANT'S SELF-HELP RIGHTS.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY SET FORTH IN THIS ARTICLE 7, IF TENANT PROVIDES WRITTEN NOTICE TO
LANDLORD OF THE NEED FOR REPAIRS AND/OR MAINTENANCE WHICH ARE LANDLORD'S
OBLIGATION TO PERFORM UNDER THE TERMS OF THIS LEASE, AND LANDLORD FAILS TO
UNDERTAKE SUCH REPAIRS