​ shall have the option, at its sole discretion, of performing the regular monthly maintenance on the heating, ventilation and air conditioning (“HVAC”) unit(s) serving the Demised Premises throughout the term of this Lease. Should ​ elect to exercise the foregoing option, the ​’s proportional share of the costs therefore shall be added to the Common Area Maintenance Charge as set forth in [Section 4.2] of this Lease. In the event emergency or extraordinary repairs to the HVAC system of the Demised Premises are required, the total cost of such repairs shall be charged to the ​ as additional rent.

Lease of Premises. Upon and subject to all of the terms and conditions hereof, Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord. The portions of the Project which are for the non-exclusive use of tenants of the Project are collectively referred to herein as the “Common Areas.” Landlord reserves the right to modify Common Areas, provided that such modifications do not materially adversely affect Tenant’s access to (other than on a temporary basis) or use of the Premises for the Permitted Use or Tenant’s parking rights hereunder (other than on a temporary basis). From and after the Commencement Date through the expiration of the Term, Tenant shall have access to the Building, the Premises and the parking areas serving the Project 24 hours a day, 7 days a week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease.

If Landlord is obligated to or elects to repair, reconstruct or restore as herein provided, then Landlord shall be obligated to make such repairs, reconstruction or restoration only with regard to # those portions of the Premises that were originally provided at Landlord’s expense and # the Common Area portion of the Affected Areas. The repairs, reconstruction or restoration of improvements not originally provided by Landlord or at Landlord’s expense shall be the obligation of Tenant. In the event Tenant has elected to upgrade certain improvements from the Building Standard, Landlord shall, upon the need for replacement due to an insured loss, provide only the Building Standard, unless Tenant again elects to upgrade such improvements and pay any incremental costs related thereto, except to the extent that excess insurance proceeds, if received, are adequate to provide such upgrades, in addition to providing for basic repairs, reconstruction and restoration of the Premises, the Building and the Project.

Tenant shall be entitled to use the back-up generator exclusively serving the Premises (the “Generator”) and to connect the Generator to the Premises’ emergency electrical panel; provided that Tenant shall be solely responsible and liable for the cost of operating, using, maintaining, repairing and replacing the Generator, and Landlord expressly disclaims any warranties with regard to the Generator or the operation, use, maintenance or repair thereof, including any warranty of merchantability or fitness for a particular purpose The Generator shall be made available “as is” with all faults. Tenant shall maintain the Generator and any equipment connecting the Generator to Tenant’s automatic transfer switch in good working condition, and Tenant shall be solely responsible, at Tenant’s sole cost and expense (and Landlord shall not be liable), for maintaining and operating Tenant’s automatic transfer switch and the distribution of power from Tenant’s automatic transfer switch throughout the Premises. Landlord shall not be liable for any failure of the Generator to operate or for any failure of Tenant to make any repairs or to perform any maintenance of the Generator or any Claims arising from the Generator. The provisions of [Section 16.2] of this Lease shall apply to the Generator. Tenant may install equipment to provide additional emergency power, including adding equipment to the existing Generator, in a location reasonably designated by Landlord, subject to Landlord’s prior written approval, which Landlord shall not unreasonably withhold, condition or delay. The installation of such equipment shall constitute Alterations.

For the period of 60 consecutive days after the Expansion Premises Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to the Building Systems serving the Expansion Premises only, unless Tenant or any Tenant Party was responsible for the cause of such repair, in which case Tenant shall pay the cost.

The property is provided to you exclusively for business use and you may therefore be required to return it during periods of suspension, holidays, sick leave or garden leave. The Company will pay for maintenance and repairs, provided they are not caused by your negligence.

The Landlord (or the Landlord’s authorized agent or representative) may enter the Premises under the following circumstances: in case of emergency, to make necessary or agreed on repairs, alterations, or improvements; to supply necessary or agreed on services; and to show the Premises to prospective or actual purchasers, tenants, workers, or contractors. The Landlord may also enter the Premises annually to inspect them for safety or maintenance problems. Except in cases of emergency, Tenant abandonment of the Premises, court order, or where it is impracticable to do so, and in the event of an extended absence as described in [section XIII], the Landlord shall give the Tenant at least the minimum notice required by state law before entering and will enter the Premises only during normal business hours.

Upon submission of vouchers in accordance with the Company's standard procedures, the Company shall reasonably promptly directly pay or reimburse ​ for his reasonable motor vehicle costs and related expenses, such as insurance, repairs, maintenance, and gas, up to ​ per month, during the Term.

Landlord may card the Leased Property “For Rent” or “For Sale” ninety (90) days before the termination of this Lease. Landlord may enter the Leased Property at reasonable hours to exhibit the Leased Property to prospective purchasers or tenants, to inspect the leased Property to see that Tenant is complying with all of its obligations hereunder, and to make repairs required of Landlord under the terms hereof or to make repairs to Landlord’s adjoining property, if any.

Landlord Repair Obligations. Notwithstanding the foregoing, Landlord shall be responsible for repairs and replacement as necessary to the exterior walls, exterior doors and windows and waterproofing of the Building envelope, foundation and roof (including roof membrane, gutters, flashings, and downspouts) of the Building, utility connections to the Building, the structural portions of the floors of the Building (the " XE "Building Structure" Building Structure"), the base Building plumbing, sewer, drainage, electrical, fire protection, elevator, life safety, heating, ventilation and air-conditioning systems (the " XE "Building Systems" Building Systems" and together with the Building Structure, the " XE "Base Building" Base Building")of the Building, and the Common Areas, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of [Article 27], below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of ​ of [Section 1932] and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.