REPAIRS AND/OR MAINTENANCE
TO BE MADE AND SHALL NOT BE RESPONSIBLE TO LESSEE FOR ANY LOSS OR DAMAGE
OCCASIONED THEREBY AND LESSEE AGREES THAT UPON DEMAND, IT SHALL PAY TO LESSOR
THE REASONABLE COST OF ANY SUCH REPAIRS, NOT EXCEEDING THE SUM ACTUALLY EXPENDED
BY LESSOR, TOGETHER WITH ACCRUED INTEREST FROM THE DATE OF LESSOR'S PAYMENT AT
THE AGREED RATE AND (II) ELECT TO ENTER INTO A MAINTENANCE CONTRACT AT A MARKET
RATE FOR FIRST-RATE MAINTENANCE WITH A THIRD PARTY FOR THE PERFORMANCE OF ALL OR
A PART OF LESSEE'S MAINTENANCE OBLIGATIONS, WHEREUPON, LESSEE SHALL BE RELIEVED
FROM ITS OBLIGATIONS TO PERFORM ONLY THOSE MAINTENANCE OBLIGATIONS COVERED BY
SUCH MAINTENANCE CONTRACT, AND LESSEE SHALL BEAR THE ENTIRE COST OF SUCH
MAINTENANCE CONTRACT WHICH SHALL BE PAID IN ADVANCE, AS ADDITIONAL RENT, ON A
MONTHLY BASIS WITH LESSEE'S BASE RENT PAYMENTS.
SECTION 6.02.
MAINTENANCE OF COMMON AREAS.
SUBJECT TO 6.01.(C) AND
SUBJECT TO LESSEE PAYING LESSEE'S SHARE OF THE COST AND EXPENSE FOR SAME
PURSUANT TO SECTION 4.05 AND 4.07 LESSOR SHALL MAINTAIN, REPAIR AND REPLACE ALL
LANDSCAPE, HARDSCAPE AND OTHER IMPROVEMENTS WITHIN THE COMMON AREA AND SHALL
OPERATE AND MANAGE THE AMENITIES/ATHLETIC FACILITY AND OTHER COMMON AREA
FEATURES AND FACILITIES DESCRIBED IN SECTION 2.02 INCLUDING WITHOUT LIMITATION,
ALL LANDSCAPE, HARDSCAPE AND OTHER IMPROVEMENTS WITHIN THE OUTSIDE AREAS OF THE
BUILDING AND THE OTHER PROJECT BUILDINGS, INCLUDING WITHOUT LIMITATION,
LANDSCAPING, CURBS, WALKWAYS, DRIVEWAYS, PARKING AREAS AND LIGHTING AND
SPRINKLER SYSTEMS.
SECTION 6.03.
ALTERATIONS, ADDITIONS AND IMPROVEMENTS.
NO ALTERATIONS,
ADDITIONS, OR IMPROVEMENTS ("ALTERATIONS") SHALL BE MADE TO THE PREMISES BY
LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR WHICH LESSOR WILL NOT
UNREASONABLY WITHHOLD, PROVIDED, HOWEVER, THAT LESSEE MAY MAKE ALTERATIONS WHICH
DO NOT AFFECT THE BUILDING SYSTEMS, EXTERIOR APPEARANCE, STRUCTURAL COMPONENTS
OR STRUCTURAL INTEGRITY AND WHICH DO NOT EXCEED COLLECTIVELY FIFTY THOUSAND
DOLLARS ($50,000) IN COST WITHIN ANY TWELVE (12) MONTH PERIOD, WITHOUT LESSOR'S
PRIOR WRITTEN CONSENT.
AS A CONDITION TO LESSOR'S OBLIGATION TO CONSIDER ANY
REQUEST FOR CONSENT HEREUNDER, LESSEE SHALL PAY LESSOR UPON DEMAND FOR THE
REASONABLE COSTS AND EXPENSES OF CONSULTANTS, ENGINEERS, ARCHITECTS AND OTHERS
FOR REVIEWING PLANS AND SPECIFICATIONS AND FOR MONITORING THE CONSTRUCTION OF
ANY PROPOSED ALTERATIONS.
LESSOR MAY REQUIRE LESSEE TO REMOVE ANY SUCH
ALTERATIONS AT THE EXPIRATION OR TERMINATION OF THE LEASE TERM AND TO RESTORE
THE PREMISES TO THEIR PRIOR CONDITION
17
by written notice given on or before the earlier of (i) the expiration of the
Lease Term or (ii) thirty (30) days after termination prior to the expiration of
the Lease Term of the Lease or (iii) thirty (30) days after a written request
from Lessee for such notice from Lessor provided, that, if Lessee requests same
from Lessor, Lessor will notify Lessee within five (5) business days after
receipt of Lessee's request and a copy of all plans and specifications for the
proposed Alteration whether it will require removal.
All Alterations to be made
to the Premises shall be made under the supervision of a competent, California
licensed architect