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A. Tenant's Repairs: Upon prior written notice to Landlord of a need
<br />for repairs or maintenance to the Leased Premises and/or buildings and grounds for
<br />which Landlord provides Tenant express permission, Tenant shall make such repairs
<br />and maintenance of and to the Leased Premises, at its sole cost and expense, and
<br />Tenant shall maintain the Leased Premises in good repair and working order and in a
<br />clean, secure, safe and sanitary condition. Tenant shall also be responsible for and pay
<br />for any damage to the Leased Premises or the Property, caused by any act or omission
<br />of Tenant or Tenant's agents, invitees or any other third party, except for damage
<br />caused by Landlord or its agents. Tenant shall promptly make all repairs and
<br />replacements: (a) at its sole expense, (b) by licensed contractors or qualified mechanics
<br />approved by Landlord, (c) so that the same shall be at least equal in quality, value and
<br />utility to the original work or installation, (d) in a manner and using equipment and
<br />materials that will not interfere with or impair the operations, use or occupation of the
<br />Leased Premises, and (e) in accordance with any applicable City of San Leandro rules
<br />and regulations and all applicablefederal, State, and local laws, rules and regulations.
<br />Prior to undertaking any such repairs and maintenance, all plans and specifications for
<br />such repairs and maintenance shall be submitted by Tenant to Landlord in writing and
<br />be reasonably approved or rejected by Landlord in writing.
<br />B. HOLDING LANDLORD HARMLESS: Tenant shall promptly pay for
<br />all labor and materials used on or in the Leased Premises to design, construct, install,
<br />or otherwise complete Tenant's alterations, repairs, maintenance, or improvements
<br />during the Term of this Lease and shall indemnify and hold Landlord, its officers,
<br />employees, agents, contractors, and subcontractors free and harmless from all claims
<br />of whatsoever nature, whether liens of mechanics or others, or claims to include but not
<br />limited to claims under the Worker's Compensation Insurance Act of the State of
<br />California in relation thereto arising out of the design, construction, installation, or other
<br />activity connected with Tenant's alteration, repair, maintenance or improvement to the
<br />Leased Premises. Tenant shall be responsible for and shall pay prevailing wages in
<br />accordance with the California Labor Code for all labor used to improve, alter,
<br />reconstruct, or demolish the Leased Premises, but only to the extent the payment of
<br />prevailing wages is applicable to such work.
<br />10. WAIVER OF CLAIMS; INDEMNIFICATION:
<br />A. Limitation on Landlord's Liability, Waiver of Claims: Landlord shall
<br />not be responsible for or liable to Tenant, and Tenant hereby assumes the risk of, and
<br />waives and releases Landlord, its Invitees (as defined below), and its Agents from all
<br />Claims (as defined below) for, any injury, loss or damage to any person or property in or
<br />about the Leased Premises by or from any cause whatsoever including, without
<br />limitation, (i) any act or omission of persons (other than Landlord, its Invitees, or its
<br />Agents) while upon the Leased Premises, (ii) theft, (iii) explosion, fire, steam, oil,
<br />electricity, water, gas or rain, pollution or contamination (unless caused by a condition
<br />existing on the Leased Premises at the date of commencement), and (iv) stopped,
<br />leaking or defective equipment owned or maintained by Tenant. Nothing in this Section
<br />shall relieve Landlord from liability caused solely and directly by the gross negligence or
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