At all times during the term of this Lease the Lessee shall:

Repair and Maintenance. Keep the Collateral in good order, repair and condition, subject to ordinary wear and tear and obsolescence. Borrower shall promptly make all necessary repairs and replacements, to the Collateral, subject to the above. Borrower shall insure that the Collateral is not deteriorated, misused, abused or wasted. All replacements to the Collateral must be equal or better than the replaced Collateral was when it was new.

LANDLORD’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof (including roof membrane), foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass), and the structural, electrical, mechanical and plumbing systems of the Building (including elevators, if any, serving the Building), except to the extent provided in Section 7.1 above. Landlord need not make any other improvements or repairs except as specifically required under this Lease, and nothing contained in this Section 7.2 shall limit Landlord’s right to reimbursement from Tenant for maintenance, repair costs and replacement costs as provided elsewhere in this Lease. Notwithstanding any provision of the California Civil Code or any similar or successor laws to the contrary, Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Section 11.1 and Article 12 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction; provided, however, that in making repairs, alterations or improvements, Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the Premises. Tenant hereby waives any and all rights under and benefits of [subsection 1] of [Section 1932], and Sections 1941 and 1942 of the California Civil Code, or any similar or successor laws now or hereafter in effect.

Repair and Maintenance. Tenant shall, during the term of this Lease, maintain the Premises in neat and clean order and condition and perform all repairs to the Premises and all fixtures, systems, and equipment exclusively serving the Premises (including Tenant’s equipment and other personal property and any HVAC Equipment serving all or any portion of the Premises to the exclusion of any other space in the Building (“Separate HVAC Equipment”)) as are necessary to keep them in good and clean working order, appearance and condition, reasonable use and wear thereof and damage by fire or by unavoidable casualty only excepted and shall replace any damaged or broken glass in interior windows and doors of the Premises (except glass in the exterior walls or doors of the Building) with glass of the same quality as that damaged or broken. Tenant shall contract separately for janitorial services for the Premises with Landlord’s janitorial services provider, provided Landlord’s preferred provider has competitive rates or, at Tenant’s option another janitorial services provider reasonably acceptable to Landlord and Tenant shall cause the Premises to be cleaned in accordance with standards at least equal to Landlord’s janitorial standards for comparable space in the buildings in the vicinity of the Building. Tenant shall dispose of all trash and rubbish in such manner as Landlord reasonably directs and shall comply with any reasonable recycling programs established by Landlord for the Building.

Repair And Maintenance. Except in the case of damage to or destruction of the Leased Premises, Building 3, the Common Areas or the Property caused by an act of God or other peril, in which case the provisions of Article 10 shall control, the parties shall have the following obligations and responsibilities with respect to the repair and maintenance of the Leased Premises, Building 3, the Common Areas, and the Property.

At all times during the term of this Lease the Lessee shall:

LANDLORD’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass), and the structural, electrical, mechanical and plumbing systems of the Building (including elevators, if any, serving the Building). Notwithstanding any provision of the California Civil Code or any similar or successor laws to the contrary, Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Landlord shall use reasonable efforts to perform all repairs and replacements so as to minimize unreasonable interference with the conduct of Tenant's business and access to the Premises. Except as provided in Section 6.1 above and Section 11.1 and Article 12 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction. Tenant hereby waives any and all rights under and benefits of [subsection 1] of [Section 1932], and Sections 1941 and 1942 of the California Civil Code, or any similar or successor laws now or hereafter in effect.

LANDLORD’S MAINTENANCE AND REPAIR. Subject to Articles 11 and 12, Landlord shall provide service, maintenance and repair with respect to the heating, ventilating and air conditioning (“HVAC”) equipment of the Building (exclusive of any supplemental HVAC equipment servicing only the Premises) and shall maintain in good repair the Common Areas, roof, foundations, footings, the exterior surfaces of the exterior walls of the Building (including exterior glass), and the structural, electrical, mechanical and plumbing systems of the Building (including elevators, if any, serving the Building), except to the extent provided in Section 7.1 above. Notwithstanding any provision of the California Civil Code or any similar or successor laws to the contrary, Tenant understands that it shall not make repairs at Landlord’s expense or by rental offset. Except as provided in Section 11.1 and Article 12 below, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements to any portion of the Building, including repairs to the Premises, nor shall any related activity by Landlord constitute an actual or constructive eviction. Tenant hereby waives any and all rights under and benefits of [subsection 1] of [Section 1932], and Sections 1941 and 1942 of the California Civil Code, or any similar or successor laws now or hereafter in effect.

Where any plant, machinery or equipment for heating, cooling or circulating air or any other plant, machinery or equipment comprising or providing any other mechanical, fire or electrical services (Plant) is provided, operated or installed in the Premises the Lessee will maintain the Plant in good working condition and without limiting the foregoing will maintain at its own expense a comprehensive service and maintenance contract (with annual servicing and inspections of the Plant) in respect of the Plant with such reputable contractor or contractors as may be approved by the Lessor and will at all times use and regulate the Plant to ensure that it is employed to the best advantage in the conditions from time to time prevailing and will not do or allow anything in relation to the Plant which might interfere with or impair its efficient operation.

The Lessee covenants and agrees with the Lessor to pay all costs and expenses of and in connection with the operation, servicing, maintenance and repair of the Plant.