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plantings, when necessary, and all ordinary and usual care, including, but not limited to,
<br /> irrigation, fertilization, pest and disease control, weeding, rotation of plantings and the removal
<br /> of trimmings, rubbish, debris, and other solid waste. Lessee shall, at no expense to the Lessor,
<br /> install, maintain, repair, and replace, where necessary, such irrigation systems as are required to
<br /> provide adequate irrigation in compliance with water conservation practices.
<br /> (c) If, in the reasonable judgment of the City Engineer, Lessee has failed to
<br /> maintain properly any landscaping as required by this 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 /> (d) 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 City Engineer, and such maintenance is not performed, or cannot be performed, by Lessee
<br /> within twenty-four(24) hours of receipt of such notice thereof, the Lessor may perform or cause
<br /> to be performed such maintenance at Lessee's expense, and Lessee, upon demand by the Lessor,
<br /> shall pay to the Lessor all reasonable expenses incurred by the Lessor in the performance of such
<br /> maintenance.
<br /> Section 7.3 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, however, to the following conditions:
<br /> (a) No Alterations shall be made that would tend to impair the structural
<br /> soundness of the Improvements;
<br /> (b) No Alterations shall be undertaken that are prohibited by, or would cause
<br /> the Leased Premises, the Improvements, Lessee, or Lessor to be in breach or violation of any
<br /> Legal Requirements;
<br /> (c) No Alterations shall be undertaken until Lessee shall have procured, to the
<br /> extent the same may be required from time to time, all permits and authorizations of all
<br /> applicable Governmental Authorities, all require consents of any Lender, and the consent of
<br /> Lessor. Lessor shall join in the application for such permits or authorizations whenever such
<br /> action is necessary or helpful and is requested by Lessee, and shall use Lessor's reasonable
<br /> efforts to obtain such permits or authorization; and
<br /> (d) Any Alterations shall be performed in good and workerlike manner and in
<br /> compliance with all applicable Legal Requirements and all applicable Insurance Requirements.
<br /> (e) Any and all Alterations are consistent with the use of the Leased Premises
<br /> as authorized under this Lease.
<br /> (f) Any Alteration that will exceed the sum of Two Hundred Fifty Thousand
<br /> Dollars ($250,000) in cost (increasing annually by the amount of the Consumer Price Index-
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<br /> 191\52\1656915.8
<br /> OAK#4834-9609-1684 v8
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