|AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017|
Material Alterations that Lessee has made to the Premises. If Lessor so elects, Lessee at its sole cost shall restore the Premises to the condition existing before such installation of such Cosmetic Alteration and / or Material Alteration before the last day of the term. If Lessee fails to remove any of its Cosmetic Alterations and/or Material Alterations designated by Lessor and to so restore the Premises and Lessor incurs costs to restore the Premises or to remove such Cosmetic Alterations and/or Material Alterations made by Lessee, Lessee shall reimburse Lessor for all such costs incurred and shall also pay Lessor the current amount of Base Monthly Rent prorated for each day after the expiration of the term that Lessor must occupy the Premises for the purpose of removing Lessee's Cosmetic Alterations and/or Material Alterations or making repairs.
B. If Lessee makes any alterations or additions to the Premises as provided in this Paragraph 10, the alterations or additions shall not be commenced until five (5) business days after Lessor has received written notice from Lessee stating the date the installation of the alterations or additions is to commence so that Lessor may post and record an appropriate notice(s) of non-responsibility.
C. Lessee's right to make additions and alterations, and the consent of Lessor given as required by this Paragraph 10, shall be deemed conditioned upon Lessee complying in the making of such additions and alterations with all requirements of state and local laws and ordinances governing the manner in which such additions and alterations are made. Lessee shall complete of any such work according to applicable building codes and other applicable governmental regulations in a worker-like and expeditious manner. Upon completion of any Alterations which require the issuance of a building permit, Lessee shall: (i) cause a Notice of Completion to be recorded in the office of the Recorder of San Mateo County in accordance with Section 8182 of the Civil Code of the State of California or any successor statute; (ii) deliver to Lessor any, a reproducible copy of the “as built” drawings of the Alterations; and (iii) deliver to Lessor evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials.
D. Lessee shall pay all costs for any and all Alterations done by it or caused to be done by it on the Premises as permitted by this Lease. Lessor shall have no obligation or responsibility to make any Alterations to the Premises except as specifically provided in this Lease. Lessee shall keep the Premises free and clear of all mechanics liens resulting from any alterations or additions done by or for Lessee. Lessee shall have the right to contest the correctness or the validity of any such lien if, promptly on written demand by Lessor, Lessee procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code Section 3143 and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action).
E. Lessor hereby agrees to provide to Lessee an allowance (the “Paint and Carpet Allowance”) of Forty Thousand and no/100 Dollars ($40,000.00) for the sole purpose of painting and installing carpet in the Premises (the “Paint and Carpet Improvments”). Lessee shall pay as due all charges for the Paint and Carpet Improvements, and shall save and protect Lessor and the Premises from and against any claims and liens for such improvements. Upon submission by Lessee by not later than ninety (90) days following the Commencement Date of receipts and invoices reflecting paint and carpet work performed and paid by Lessee, together with a partial lien release to the extent of such payment, Lessor shall reimburse Lessee therefor, up to the maximum amount of the Paint and Carpet Improvement Allowance. If upon completion of the Paint and Carpet Improvements, Lessee has not used the full amount of the Allowance, the remainder shall revert to Lessor.
11. Utilities and Services. Lessee shall make all arrangements for and pay for all services furnished to or used by it at or about the Premises, including, without limitation, gas, electricity, water, telephone service, meter fees, the alarm system, trash collection, and for all connection charges. Lessee acknowledges that Lessor has installed an alarm service in the Premises. For so long as Lessee uses that service, Lessee shall reimburse Lessor each month for the cost of the service after receipt of an invoice for such service. Lessee may request that Lessor terminate the service in which event the service shall terminate 35 days after the request from Lessee. Lessee shall pay for the cost of the alarm service through the date of its termination.
12. Exculpation of Lessor. Except to the extent caused by the gross negligence or willful misconduct of Lessor, its employees, agents or contractors, Lessor shall not be liable to Lessee for any damage to Lessee or Lessee's property from any cause. Lessee waives all claims against Lessor for damage to person or property arising