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<br /> Metropolitan Area, such as (without limitation) the maintenance standards applicable to <br /> the "Broadway Pointe" shopping center in Walnut Creek, California as of the Effective <br /> Date. As part of these duties (but not as a limitation thereof), Landlord shall: <br /> (i) Inspect, maintain, repair and replace the surface of the Common <br /> Area (but excluding any City-owned and maintained improvements), curbs and <br /> sidewalks, keeping them level, smooth and evenly covered with the type of <br /> surface material originally installed thereon or such substitute therefor as shall be <br /> in all respects equal in quality, appearance and durability; <br /> (ii) Promptly remove all papers, debris, filth, refuse, snow and ice <br /> from the Common Areas and wash or thoroughly sweep paved areas as required <br /> (Landlord shall remove snow after an accumulation of one inch or more and <br /> '1, stockpile the snow as far away from the Premises as possible); <br /> \." <br /> (iii) Maintain, replace and repair all landscaping, entrance, exit and <br /> directional signs, markers and lights located within the Common Areas as shall be <br /> reasonably required and in accordance with the practices prevailing in the <br /> operation of first-class Centers of similar size in the Metropolitan Area; <br /> (iv) Clean Common Area lighting fixtures ofthe Center and re-Iamp as <br /> needed; <br /> (v) Repair, remark and replace striping, markers and directional signs <br /> in the Common Area as necessary to maintain the same in good condition; <br /> (vi) Cause the heating, ventilating and air conditioning system serving <br /> any enclosed mall or other indoor areas adjacent to the Premises to be operated so <br /> as not to drain the heating and air conditioning from the Premises; and <br /> (vii) Perform all maintenance, repairs, replacements, alterations and <br /> improvements in and to the Common Area that are necessary to keep the <br /> Common Area in compliance with all Applicable Laws (including, but not limited <br /> to, Applicable Laws pertaining to accessibility and removal of architectural <br /> barriers, and all Environmental Laws) applicable to the design, construction, <br /> operation, use and maintenance of the Common Area, including, but not limited <br /> to, all maintenance, repairs, replacements, alterations and improvements in or to <br /> the Common Area that are required by law to permit Tenant to use the Premises <br /> for the Permitted Use described in Section 13.1. <br /> (c) Landlord's Work. Landlord, at its sole cost and expense, shall make all <br /> repairs necessitated by and remedy all design, materials and construction defects in <br /> Landlord's Work. Landlord shall not be responsible for defects in furnishings, fixtures, <br /> or equipment supplied or installed by Tenant, unless such defect is the result of the <br /> installation or other work by Landlord. <br /> " <br /> 36 <br /> CIIG02:3091375.vK <br /> . --^-- ,--.. <br />