REPLACE AND MAINTAIN IN A FIRST-CLASS CONDITION AND
OPERATING ORDER THE STRUCTURAL PORTIONS OF THE BUILDING, INCLUDING, WITHOUT
LIMITATION, THE FOUNDATION, FLOOR SLABS, BUILDING SKIN AND ROOF (NOT INCLUDING
THE ROOF MEMBRANE), CURTAIN WALL (INCLUDING GASKETS AND SEALS), EXTERIOR GLASS
AND MULLIONS, COLUMNS, BEAMS, SHAFTS AND STAIRWELLS (COLLECTIVELY, "BUILDING
STRUCTURE"), AND ALL PORTIONS OF THE PROJECT EXISTING OUTSIDE OF THE BUILDING
INCLUDING, WITHOUT LIMITATION, THE PARKING FACILITIES, SIDEWALKS, GUTTERS, AND
LANDSCAPING AND HARDSCAPING; PROVIDED, HOWEVER, FOR THE PURPOSES OF THIS
ARTICLE 7, THE BUILDING STRUCTURE SHALL NOT APPLY TO THE EXTENT OF ANY
ALTERATION OR OTHER IMPROVEMENTS THERETO MADE BY OR ON BEHALF OF TENANT UNDER
THE TERMS OF THIS LEASE OR THE ORIGINAL LEASE.
NOTWITHSTANDING ANYTHING IN THIS
LEASE TO THE CONTRARY, TENANT SHALL BE REQUIRED TO REPAIR THE BUILDING STRUCTURE
TO THE EXTENT CAUSED DUE TO TENANT'S USE OF THE PREMISES FOR OTHER THAN NORMAL
AND CUSTOMARY IMPLEMENTATION OF THE PERMITTED USE, UNLESS AND TO THE EXTENT SUCH
DAMAGE IS COVERED BY INSURANCE CARRIED OR REQUIRED TO BE CARRIED BY LANDLORD
PURSUANT TO ARTICLE 10 AND TO WHICH THE WAIVER OF SUBROGATION IS APPLICABLE
(SUCH OBLIGATION TO THE EXTENT APPLICABLE TO TENANT AS QUALIFIED AND CONDITIONED
WILL HEREINAFTER BE DEFINED AS THE "BS EXCEPTION").
WHILE LANDLORD SHALL
PERFORM ALL OF SUCH WORK ALLOCATED TO LANDLORD UNDER THIS SECTION 7.1
(COLLECTIVELY, THE "LL MAINTENANCE OBLIGATIONS"), THE REASONABLE, ACTUAL COSTS
RELATED TO LANDLORD'S PERFORMANCE OF REASONABLY REQUIRED MAINTENANCE INCLUDED
WITH SUCH LL MAINTENANCE OBLIGATIONS SHALL BE INCLUDED IN OPERATING EXPENSES
(EXCEPT TO THE EXTENT SUCH COSTS ARE INCURRED FOR NON-REIMBURSABLE CAPITAL
IMPROVEMENTS).
ANY ENTRY OF THE PREMISES BY LANDLORD IN CONNECTION WITH THE
FOREGOING SHALL BE DONE CONSISTENT WITH THE TERMS OF ARTICLE 27 OF THIS LEASE.
TENANT ACKNOWLEDGES THAT, TENANT SHALL, AT TENANT'S OWN EXPENSE, PURSUANT TO THE
TCCS OF THIS LEASE, INCLUDING, WITHOUT LIMITATION ARTICLE 6 AND ARTICLE 8
HEREOF, REMAIN RESPONSIBLE FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF ALL OF
THE REMAINING PORTIONS OF THE BUILDING (I.E., THE BUILDING STRUCTURE).EXCEPT AS
SPECIFICALLY SET FORTH IN SECTION 7.2 OF THIS LEASE, BELOW, TENANT HEREBY WAIVES
ANY AND ALL RIGHTS UNDER AND BENEFITS OF SUBSECTION 1 OF SECTION
25
1932 AND SECTIONS 1941 AND 1942 OF THE CALIFORNIA CIVIL CODE OR UNDER ANY
SIMILAR LAW, STATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.
7.2
TENANT'S RIGHT TO MAKE REPAIRS.
NOTWITHSTANDING THE PROVISIONS OF SECTION 7.1, ABOVE, IF TENANT PROVIDES NOTICE
TO LANDLORD OF AN EVENT OR CIRCUMSTANCE WHICH REQUIRES THE ACTION OF LANDLORD
WITH RESPECT TO REPAIR AND/OR MAINTENANCE AS SET FORTH IN SECTION 7.1, ABOVE AND
LANDLORD FAILS TO PROVIDE SUCH ACTION WITHIN (30) DAYS AFTER RECEIPT OF SUCH
NOTICE, THEN TENANT MAY PROCEED TO TAKE THE REQUIRED ACTION UPON DELIVERY OF AN
ADDITIONAL TEN (10) DAYS NOTICE TO LANDLORD SPECIFYING THAT TENANT IS TAKING
SUCH REQUIRED ACTION, AND IF SUCH ACTION WAS REQUIRED UNDER THE TCCS OF THIS
LEASE TO BE TAKEN BY LANDLORD, THEN TENANT SHALL BE ENTITLED TO PROMPT
REIMBURSEMENT BY LANDLORD OF TENANT'S