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Agreement No. 800617
<br /> 13. INTENTIONALLY LEFT BLANK
<br /> 14. INTENTIONALLY LEFT BLANK
<br /> 15. Maintenance and Repair.
<br /> Lessee shall keep the Premises, including any improvements located thereon, in safe
<br /> condition and in good order, condition and repair at all times during the Lease Term at Lessee's
<br /> sole cost and expense. Lessee shall, at Lessee's sole expense, repair any area damaged by
<br /> Lessee, Lessee's agents, employees and visitors. Lessee acknowledges that Agency is under no
<br /> duty to repair or make improvements to the Premises. If Lessee fails to perform Lessee's
<br /> obligations under this Section 15, Agency may enter upon the Premises after 10 days prior
<br /> written notice to Lessee (except in the case of an emergency, in which case no notice shall be
<br /> required) and perform such obligations on Lessee's behalf and expense as provided in Section
<br /> 24(a) of this Lease. At the end of the Lease Term, Lessee shall surrender the Premises to Agency
<br /> in the same condition as when received, ordinary wear and tear excepted.
<br /> 16. Liens.
<br /> Lessee shall not permit any mechanics' or materialmen's liens, stop orders or other liens
<br /> (collectively, "Liens") to be filed against the Premises nor against Lessee's leasehold interest
<br /> therein by reason of labor or materials furnished to the Premises at Lessee's instance or request.
<br /> If any such liens are filed against the Premises, Lessee shall cause the same to be discharged of
<br /> record either by payment of the claim or by posting and recording the bond contemplated by
<br /> California Civil Code Section 3143, within 20 days after demand by Agency. Lessee shall
<br /> indemnify, hold harmless, and defend Agency from and against any such liens.
<br /> 17. Indemnification.
<br /> Lessee shall indemnify, defend and hold harmless Agency and its directors, officers,
<br /> employees, agents, contractors, any other person acting on Agency's behalf, and their successors
<br /> and assignees, as they now or as they may hereafter be constituted, singly, jointly or severally
<br /> (collectively, "Indemnitees") from and against any and all liabilities, penalties, losses, damages,
<br /> costs, loss of rent, expenses, demands, causes of action, claims or judgments (collectively,
<br /> "Liabilities") arising out of or in connection with (a) the use, maintenance, occupation,
<br /> alteration, or improvement of the Premises by Lessee, (b) any act, omission or neglect of Lessee,
<br /> Lessee's officers, employees, agents, servants, sublessees, concessionaires, contractors or
<br /> visitors, and/or (c) any breach or default by Lessee of any of the terms, covenants or conditions
<br /> of this Lease; provided, however that with respect to any Liability under sub-sections (a) and/or
<br /> (b) above, Lessee shall not be obligated to indemnify any Indemnitee for any Liability caused by
<br /> the gross negligence or willful misconduct of that Indemnitee. The duty to defend established
<br /> herein shall include payment of all legal costs and charges, including reasonable attorney's fees,
<br /> and shall remain in effect notwithstanding any claim of gross negligence or willful misconduct
<br /> by Lessee against any Indemnitee. Lessee waives any and all rights to any type of express or
<br /> implied indemnity against Agency, its directors, officers or employees. The provisions of this
<br /> Section shall survive the expiration or termination of this Lease.
<br /> ATTY/AGR/2013.244/SEQUOIA STATION LEASE AGREEMENT
<br /> REV:01-13-14 VR
<br /> 5884508.1
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