IN GOOD
OPERATING CONDITION AND (I) THE SPECIFIC OBLIGATIONS OF SUBLESSEE IN SECTION 12
PERTAINING TO THE ELEVATORS (COLLECTIVELY, "SUBLESSEE'S OBLIGATIONS").
ALL OF
SUBLESSEE'S OBLIGATIONS SHALL BE PERFORMED AT
29
SUBLESSEE'S SOLE COST AND EXPENSE AND SHALL BE EXCLUDED FROM BUILDING OPERATING
EXPENSES.
ALL DAMAGE, INJURY OR BREAKAGE TO ANY PART OR PORTION OF THE
SUBLEASED PREMISES (OTHER THAN THE BUILDING STRUCTURE AND BUILDING SYSTEMS)
CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF SUBLESSEE SHALL BE PROMPTLY
REPAIRED BY SUBLESSEE, AT SUBLESSEE'S SOLE COST AND EXPENSE; PROVIDED, HOWEVER,
THAT SUBLESSEE SHALL BE ENTITLED TO REIMBURSEMENT FOR ANY PORTION OF SUCH REPAIR
OR RESTORATION EXPENSE TO THE EXTENT THAT THE COST OF ANY SUCH REPAIR IS OR
SHOULD BE COVERED BY INSURANCE OBTAINED OR REQUIRED TO BE OBTAINED BY SUBLESSOR
UNDER THIS SUBLEASE.
UNDER NO CIRCUMSTANCES SHALL SUBLESSEE'S OBLIGATIONS
INCLUDE ANY OBLIGATION TO REPAIR ANY DEFECTS (LATENT OR PATENT) IN THE BUILDINGS
AND/OR IN THE PROJECT COMMON AREA, INCLUDING WITHOUT LIMITATION PARKING
FACILITIES AND/OR TO MAKE THE BUILDINGS, THE PROJECT COMMON AREAS AND/OR THE
PARKING FACILITIES IN COMPLIANCE WITH APPLICABLE LAWS, ORDINANCES, RULES AND
REGULATIONS AND/OR PERMITS ("APPLICABLE LAWS") (AND THROUGH THE FULL SUBLEASE
TERM ANY CHANGE IN APPLICABLE LAWS), UNLESS AND ONLY TO THE EXTENT THAT SUCH
COMPLIANCE BECOMES NECESSARY SOLELY DUE TO SUBLESSEE'S USE OF THE SUBLEASED
PREMISES FOR OTHER THAN GENERAL OFFICE USE AND WAREHOUSE USE OR FOR A USE WHICH
IS NOT PERMITTED BY THE CURRENT APPLICABLE ZONING REGULATIONS FOR THE CITY OF
SAN DIEGO.
A PORTION OF THE SUBLEASED PREMISES CONSISTS OF A CAFETERIA.
DURING
ALL PORTIONS OF THE FULL SUBLEASE TERM DURING WHICH SUBLESSEE IS IN POSSESSION
AND CONTROL OF THE CAFETERIA, SUBLESSEE SHALL MAINTAIN THE GREASE TRAP IN THE
CAFETERIA.
16.
INSURANCE.
DURING THE FULL SUBLEASE TERM,
SUBLESSEE AGREES TO PROVIDE THE LIABILITY INSURANCE REQUIRED OF SUBLESSOR, AS
TENANT, UNDER SECTION 20.1(B) OF THE PRIME LEASE (BUT EXCLUDING CONTRACTUAL
LIABILITY FOR INDEMNIFICATION UNDER THE PRIME LEASE) AND PROPERTY INSURANCE FOR
SUBLESSEE'S FURNITURE, FIXTURES AND PERSONAL PROPERTY AS REQUIRED OF SUBLESSOR
UNDER SECTION 12.2(A)(II) OF THE PRIME LEASE (WHICH SHALL PROVIDE FOR A WAIVER
OF SUBROGATION IN FAVOR OF SUBLESSOR AND PRIME LESSOR) AND SHALL NAME SUBLESSOR
AND THE PRIME LESSOR AS ADDITIONAL NAMED INSUREDS ON SUCH INSURANCE POLICIES.
SUBLESSEE SHALL ALSO BE REQUIRED TO OBTAIN WORKERS' COMPENSATION INSURANCE AS
REQUIRED BY LAW.
SUBLESSOR SHALL CONTINUE TO MAINTAIN ALL OTHER COVERAGES OF
INSURANCE REQUIRED BY THE PRIME LEASE.
17.
UTILITIES.
17.1
BACKGROUND. THE PROJECT WAS ORIGINALLY DEVELOPED
SO THAT THE SUBJECT BUILDING AND THE ADJACENT BUILDING WOULD BE OCCUPIED BY A
SINGLE USER. THIS MEANS THAT THE PROJECT IS SERVED BY ONLY ONE ELECTRIC METER
AND ONE GAS METER.
THE SAME IS TRUE OF WATER CONSUMED BY THE CENTRAL PLANT.
THEREFORE, SUBLESSOR HAS DEVELOPED A COST ALLOCATION MODEL (THE "OPERATING
EXPENSE ALLOCATION MODEL") ATTACHED HERETO AS EXHIBIT "I" AND INCORPORATED
HEREIN BY THIS REFERENCE, FOR THE EFFECTIVE ALLOCATION OF THE COST OF
ELECTRICITY, NATURAL GAS, AND CENTRAL PLANT WATER BETWEEN THE SUBJECT BUILDING
AND