This excerpt taken from the EXAR 8-K filed Jan 23, 2008.
8. Repairs and Alterations.
8.1 Subtenants Repair Obligations. Subtenant shall, at its sole cost and expense keep, repair and maintain the interior of the Sublease Premises in Good Condition and Repair, including, but not limited to, the interior walls and floors of all offices and other interior areas, doors and door closures, all lighting systems, temperature control systems, plumbing systems, and the existing approximately 20,000 square foot clean room, including any Required Replacements. Subtenant shall provide interior and exterior window washing as needed. Subtenant shall also perform, at its sole cost and expense, any required maintenance set forth in Section 5(b) of the Master Lease that is not charged to Subtenant pursuant to Section 6.2 of this Sublease. If Subtenant fails to make any repairs to the Sublease Premises within 30 days after notice from Tenant (although notice shall not be required if there is an emergency), Tenant may make the maintenance or repairs, and Subtenant shall pay the reasonable cost of the repairs to
Tenant within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Subtenant shall obtain and keep in force during the Sublease Term maintenance contracts for all HVAC and processing systems for which Subtenant is responsible, and shall provide copies of all such contracts to Tenant, provided Subtenant may perform such maintenance and repairs itself so long as Subtenant employs qualified personnel to perform such work and Master Lessor consents thereto.
8.2. Alterations. Subtenant shall only be permitted to make alterations and improvements (Alterations) to the Sublease Premises in accordance with the terms of Section 4 of the Master Lease, subject to Tenants prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. If Subtenant obtains Master Lessors approval of any Alterations to the Sublease Premises, Tenants consent shall not be required provided Master Lessor releases Tenant from any and all liability associated with such Alterations. Tenants approval of an Alteration (including as set forth in this Section 8.2) shall not be a representation by Tenant that the Alteration complies with all applicable Requirements or will be adequate for Subtenants use. Notwithstanding anything to the contrary contained herein, Subtenants obligation to repair any damage caused by its removal of Subtenants trade fixtures, equipment, personal property and Alterations from the Sublease Premises shall extend only to restore to the Existing Condition, and, provided Master Lessor releases Tenant from any and all liability associated with such Alterations, Subtenant shall only be obligated to make such repairs to the extent Master Lessor requires the repairs. If Subtenant remains in the Sublease Premises with Landlords consent following Lease termination, Subtenant shall be relieved of any obligations to remove any items from the Sublease Premises on termination; provided, however, Subtenant shall remain financially liable to Tenant for the cost to return the Sublease Premises to the Existing Condition in the event that Tenant is held financially responsible to Master Lessor for returning the Property to Master Lessor in the condition set forth in the Master Lease. Subject to Master Lessor consent, Tenant hereby approves the following Alterations by Subtenant:
(a) Construction of offices and improvements shown on Exhibit D hereto;
(b) Installation of data and telephone communications cabling and equipment; and
(c) Installation of Subtenants manufacturing equipment.
8.3 Tenant Repair Obligations. Tenant shall perform the maintenance and repair obligations for which Subtenant is charged pursuant to Section 6.2 of this Sublease to the extent such maintenance is not performed by Master Lessor, subject to reimbursement by Subtenant in accordance with Section 6.2.