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<br />materials, support facilities, and any and all other items necessary to comply with the
<br />requirements of this Ground Lease. All such maintenance and repair shall conform to and
<br />comply with all Legal Requirements affecting the Leased Premises. Lessee agrees that Lessor
<br />shall not be required to perform any maintenance, repairs or services or to assume any expense in
<br />connection with the Improvements and the Leased Premises. Lessee hereby waives all rights to
<br />make repairs or to cause any work to be performed at the expense of Lessor as may be provided
<br />for in Section 1941 and 1942 of the California Civil Code, if applicable.
<br />Section 9.2 Landscaping Maintenance.
<br />
<br />(a) Lessee, at no expense to the Lessor, shall maintain in healthful, attractive
<br />and reasonably weed-free manner all the landscaped areas related to the Project as shown in the
<br />landscaping plan approved by the Lessor. "Landscaped areas" as used in this Ground Lease
<br />shall mean plantings and irrigation systems which have been installed, or are proposed to be
<br />installed, pursuant to the City-approved landscaped plan for the Project. All plantings shall be
<br />maintained using generally accepted methods of cultivation to ensure reasonably normal, healthy
<br />plant growth. Maintenance shall include replacement of plantings, when necessary, and all
<br />ordinary and usual care, including, but not limited to, irrigation, fertilization, pest and disease
<br />control, weeding, rotation of plantings and the removal of trimmings, rubbish, debris, and other
<br />solid waste. Lessee shall, at no expense to the Lessor, install, maintain, repair, and replace,
<br />where necessary, such irrigation systems as are required to provide adequate irrigation in
<br />compliance with water conservation practices.
<br />(b) If, in the reasonable judgment of the Lessor, Lessee has failed to maintain
<br />properly any landscaping as required by this Ground Lease, the Lessor may perform such
<br />maintenance, at its option, after thirty (30) days' prior written notice to Lessee of such failure to
<br />maintain. In such event, the Lessor's performance of such maintenance shall be at the Lessee's
<br />sole expense and Lessee, upon demand by the Lessor, shall pay to the Lessor all reasonable
<br />expenses incurred by the Lessor in the performance of such maintenance.
<br />(c) If any maintenance, repair, or replacement of landscaping needs
<br />immediate correction as a result of a public safety or health hazard, as reasonably determined by
<br />the Lessor, and such maintenance is not performed, or cannot be performed, by Lessee within
<br />twenty-four (24) hours of receipt of such notice thereof, the Lessor may perform or cause to be
<br />performed such maintenance at Lessee's expense, and Lessee, upon demand by the Lessor, shall
<br />pay to the Lessor all reasonable expenses incurred by the Lessor in the performance of such
<br />maintenance.
<br />Section 9.3 Alterations to Leased Premises. Lessee may make any additions,
<br />alterations or changes (sometimes collectively referred to herein as "Alterations") in or to the
<br />Improvements subject to the prior approval of the Lessor, which approval shall not be
<br />unreasonably withheld, however, to the following conditions:
<br />(a) No Alterations shall be made that would tend to impair the structural
<br />soundness of the Improvements; DRAFT
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