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Premises permits, and to properly use,and operate all electrical, gas and plumbing fixtures and keep
<br />them as clean and sanitary as their condition permits. Neither Tenant nor any subtenant, agent,
<br />employee, servant or invitee of Tenant shall destroy, deface, damage, impair or remove any part of
<br />the Building or the facilities, equipment or appurtenances of the Building or the Property, nor
<br />shall Tenant permit any person to willfully or wantonly do any such thing. Tenant shall make all
<br />repairs to the Premises, the Building or the Property which are required, in the opinion of Owner,
<br />as a result of any misuse or neglect committed or permitted by Tenant or by any subtenant, agent,
<br />employee, servant or invitee of Tenant. Tf Tenant does not make repairs promptly and adequately or
<br />fails to maintain the Premises in good order and repair, then, following written notification to
<br />Tenant, Owner may, but need not, perform such repairs and/or maintenance, and any amounts paid by
<br />Owner (pursuant to Article 24 hereof) in connection with such repairs and/or maintenance shall be
<br />reimbursable (plus 20% for overhead) by Tenant to Owner upon demand. if Owner performs any such
<br />repairs and/or maintenance on behalf of Tenant, Owner shall not be liable to Tenant for any loss or
<br />damage that may accrue to Tenant's merchandise, fixtures, or other property or to Tenant's business
<br />by reason thereof, nor shall any such activity be deemed a constructive or actual eviction or
<br />entitle Tenant to any abatement or reduction of rent.
<br />To the fullest extent permitted by law, Tenant hereby waives all rights under (and the benefits of)
<br />Sections 1932, 1933(4) and 1942 of the California Civil Gde (as such sections now exist or may be
<br />amended from time to time) and any successor sections or statutes of a similar nature. Except as
<br />specifically set forth to the contrary in this leas,, Owner has no obligation to alter, remodel,
<br />repair, improve, maintain, decorate or paint the Premises or any part thereof, and no representa-
<br />tions or warranties respecting the conditions of the Premises, the Building or the Property (or the
<br />suitability of any, of same for the conduct of Tenant's business) have been made by Mier or by any
<br />of Owner's agents or employees.
<br />Unless Owner demands otherwise pursuant to Article 10 above, Tenant shall, upon the expiration or
<br />earlier termination of the tenancy hereby created, surrender to Owner the Premises in the same corn
<br />dition as the Premises were in upon delivery of possession thereto under this Lease, broom clean,
<br />reasonable war and tear excepted, surrender all keys for the Premises to Owner at the place then
<br />fixed for the payment of rent, and inform Owner of all combinations of locks, safes and vaults, if
<br />any, on the Premises. Tenant shall perform all obligations referred to in Article 10 regarding the
<br />removal of personal property, trade fixtures, etc. (and the repair of any damage caused by such
<br />removal) prior -to surrendering the Premises to Owner. If the Premises are not surrendered upon the
<br />expiration or earlier termination of the Vase term, either due to the failure by Tenant to timely
<br />perform its aforementioned removal and repair obligations under Article 10 or for any other reason,
<br />Tenant shall fully indemnify Owner against all loss or liability resulting from delay by Tenant in
<br />so surrendering the Premises, including, without limitation, any claims made by any succeeding
<br />tenant founded on such delay. Promptly following the expiration or earlier termination of the term
<br />of this lease, if requested by Owner, Tenant shall execute, acknowledge and deliver to Owner a
<br />recordable written instrument releasing and quitclaiming to Mier all right, title and interest of
<br />Tenant in the Premises by reason of this Lease or otherwise.
<br />ARTLCCE 12, LIMS.
<br />Tenant shall keep the property free from any mechanics" or materialmen's liens and any other liens
<br />or a similar nature placed upon the Property by reason of or in connection with any repairs, addi-
<br />tions, alterations or improvements contracted for or initiated by Tenant, and shall be solely
<br />responsible for making payments for such work and discharging liens for such work. Tenant agrees to
<br />fey indemnify Owner with respect to all liability for all such liens, claims and demands, together
<br />with reasonable attorneys` fees and all costs and expenses in connection therewith. Owner shall
<br />have the right at all times to post notices of nonresponsibility on the Premises and record verified
<br />copies thereof in connection with all work of any kind done on the Premises. Tenant shall, at the
<br />request of Owner, provide Owner with signed and notarized lien releases and paid receipts from any
<br />general contractor, subcontractor, materialman or other person furnishing labor and/or materials in
<br />connection with such work, as well as any other evidence required by Owner to demonstrate that there
<br />shall be no liens affecting Owner or the Property by reason of such work. Any amount paid by Owner
<br />(pursuant to Article 24 hereof) to discharge or bond around any such liens shall be payable by
<br />Tenant to Owner upon demand.
<br />MAR 1988
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