Common use of By Tenant Clause in Contracts

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premises.

By Tenant. Subject Tenant shall not make any alterations to or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 's reasonable discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (Other Servicesincluding all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant willshall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five business days prior written notice of its sole cost, keep the Premises intention to commence such work so that Landlord may post and the fixtures, improvements, equipmentfile notices of non-responsibility, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”iv) and will cause no waste or injury thereto. As part of the Maintenance Activitiesif requested by Landlord, Tenant shall be solely responsible have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to maintain and repair such finishes and equipmentLandlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, including kitchen appliances and alterations or improvements whatsoever to the Outside Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Leased Premises, without the prior written consent of Landlord in accordance with Section 4.2. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, modular furnituredrains, showers and bathroom fixturessinks, supplemental air-conditioning equipmentpartitions, computersdoorways, or any other type of equipment or improvementsthe like. Notwithstanding the foregoing, together with related plumbingTenant, electricalwithout Landlord's prior written consent, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply be permitted to make non-structural alterations to the services for the installationBuilding, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall provided that: (a) include such alterations do not exceed $10,000 individually or $100,000 in the Maintenance Labor Covenant in each of its service contractsaggregate, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include timely provide Landlord the obligation notice required pursuant to provide such evidence Paragraph 4.9 above, (c) Tenant shall notify Landlord in each service contract entered into by Tenant for such serviceswriting within thirty (30) days of completion of the alteration and deliver to Landlord a set of the plans and specifications therefor, either "as built" or marked to show construction changes made, and (cd) incorporate Tenant shall, upon Landlord's request, remove the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part alteration at the termination of the Premises.Lease and restore the Leased Premises to their condition prior to such alteration. 6.2

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory; provided, however, in no waste event shall Tenant be responsible for any facilities, systems and/or equipment in the floor slab, behind walls or injury thereto. As above ceilings unless installed by Tenant as part of an Alteration. Landlord reserves the Maintenance Activitiesright to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense subject, however, to the subsequent provisions of this subparagraph (ii). All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay as Additional Rent the reasonable cost of the repairs to Landlord, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs, at the same time as the installment of Base Rent with which the same are billed, or if billed separately, within ten (30) days after such billing. At the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, Street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises except to the extent resulting from Landlord’s failure to perform its obligations under Section 8(b)(i). In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear and Casualty excepted. Tenant’s repair obligations include repairs to: (collectively1) floor coverings and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment that is installed by or for the “Maintenance Activities” and, individually, the “Maintenance Activity”) benefit of Tenant and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services located in the Premises whether installed or other portions of the Building; (6) air conditioning units serving Tenant exclusively (if applicable); (7) any kitchen equipment or similar facilities serving Tenant exclusively (if applicable); (8) phone rooms used exclusively by Tenant Tenant; (9) Alterations performed by contractors retained by or by Landlord on behalf of Tenant, including related HVAC balancing; and (10) all of Tenant’s behalf furnishings, trade fixtures, equipment and whether installed personal property. If Tenant fails to commence any such needed repairs within five (5) days of Landlord’s written request, Landlord reserves the right to perform any of the foregoing maintenance or repair obligations (other than with respect to subsection (10)) or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s or Landlord’s cost, expense. All work shall be performed in accordance with the rules and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined procedures described in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”8(a), except that any repairs in the Maintenance Labor Covenant ordinary course constituting Permitted Alterations shall not apply require prior notice to Landlord or Landlord’s prior consent thereto. If Tenant fails to make any repairs to the services Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the installationarea to be repaired is visible from the exterior of the Project), operationLandlord may, maintenancein addition to any other remedy available to Landlord, make the repairs, and repair Tenant shall pay the reasonable cost of personal property owned exclusively by Tenant the repairs to Landlord within thirty (e.g.30) days after receipt of an invoice, computer systems, telephones, and furniture other than modular furnituretogether with an administrative charge in an amount equal to ten percent (10%) of the cost of the repairs. At the expiration or for any sooner termination of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activitythis Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable under any circumstances for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street, sidewalks or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or invitee of any such tenant, it being understood that Tenant’s sole recourse in the event of any such loss, injury or damage will be to file a claim on the insurance policies that Tenant is required to maintain pursuant to Section 11(a). It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping, ventilation and moisture control practices. Tenant shall promptly report any maintenance problems involving water, moist conditions or mold to the property manager for the Project (the “Property Manager”), and shall conduct its activities in the Building in a manner that prevents unusual moisture conditions or mold growth. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises.

By Tenant. Subject Tenant shall not do anything or permit anything to Landlordbe done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws which relate to (i) Tenant’s obligation use of the Premises, (ii) any Alterations made by Tenant to provide certain janitorial services the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under Section 16.5 (Other Services)to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant willshall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep to comply promptly with such standards or regulations to the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste extent they apply to Tenant’s use or injury thereto. As part occupancy of the Maintenance Activities, Premises. Tenant shall be solely responsible responsible, at its sole cost and expense, to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether installed by Landlord is a party thereto, that Tenant or by has violated any of said governmental measures, shall be conclusive of that fact as between Landlord on and Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for promptly pay all Maintenance Activities (the “Maintenance Labor Covenant”)fines, except penalties and damages that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair may arise out of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each imposed because of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time failure to time during comply with the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part provisions of the Premisesthis Article 24.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willTenant, at its Tenant’s sole cost, keep shall maintain the nonstructural components of the Premises and every part of the Premises (including, without limitation, all floor materials, walls and ceilings and their coverings, doors and locks, furnishings, trade fixtures, signage, leasehold improvements, equipmentequipment and other personal property from time to time situated in or on the Premises) in good order, condition and repair, reasonable wear and tear excepted, and finishes and any Alterations therein in a clean, safe, operable, attractive and sanitary condition and in good order and repair, condition. Tenant will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no not commit or allow to remain any waste or injury thereto. As part damage to any portion of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)repair or replace, except that the Maintenance Labor Covenant shall not apply subject to Landlord’s direction and supervision, any damage to the services for the installation, operation, maintenance, and repair of personal property owned exclusively Complex caused by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of and/or Tenant’s specialized equipment. To the extent Union Labor is not available in the market employees, agents, licensees, subtenants, assignees, contractors and/or invitees If Tenant fails to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall make such repairs or replacements (a) include within fifteen (15) days after receipt of written notice thereof from Landlord with respect to any repairs or replacements affecting the Maintenance Labor Covenant in each electrical, plumbing, HVAC, life-safety and/or mechanical systems of its service contractsthe Building, any structural portions of the Building, and/or the exterior appearance of the Building or any area outside the Premises, (b) provide such evidence as immediately after receipt of oral or written notice in the event of an emergency, or (c) within thirty (30) days after receipt of written notice from Landlord with respect to all repairs and replacements Tenant is required to make under this Section 8.2 other than those described in clauses (a) and (b) hereinabove, then Landlord may reasonably require, from time to time during make the Term, that the Maintenance Labor Covenant is being fully and faithfully observed same and Tenant shall include pay to Landlord the obligation actual cost incurred by Landlord in performing such repair or replacement work, plus a five percent (5%) supervision fee, within thirty (30) days after Tenant’s receipt of an invoice therefor. All contractors, workmen, artisans and other persons which or whom Tenant proposes to provide retain to perform work in the Premises (or the Complex, pursuant to the third sentence of this Section 8.2) pursuant to this Section 8.2 or Article 11 below shall be approved by Landlord (which approval shall not be unreasonably withheld, delayed or conditioned) prior to the commencement of any such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premiseswork.

By Tenant. Subject to Tenant shall not sublet the Leased Premises or any portion thereof or assign its interest in this Lease, whether voluntarily or by operation of Law, without Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will's prior written consent which shall not be unreasonably withheld. Any attempted subletting or assignment without Landlord's prior written consent, at its sole costLandlord's election, keep shall constitute a default by Tenant under the Premises and terms of this Lease. The acceptance of rent by Landlord from any person or entity other than Tenant, or the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part acceptance of rent by Landlord from Tenant with knowledge of a violation of the Maintenance Activitiesprovisions of this paragraph, Tenant shall not be solely responsible deemed to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, be a waiver by Landlord of any provision of this Article or this Lease or to be a consent to any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed subletting by Tenant or any assignment of Tenant's interest in this Lease. Without limiting the circumstances in which it may be reasonable for Landlord to withhold its consent to an assignment or subletting, Landlord and Tenant acknowledge that it shall be reasonable for Landlord to withhold its consent in the following instances: (a) the proposed assignee or sublessee is a governmental agency; (b) in Landlord's reasonable judgment, the use of the Leased Premises by Landlord on Tenant’s behalf and whether installed at Tenant’s the proposed assignee or sublessee would involve occupancy by other than primarily general office or software engineering personnel, would entail any alterations which would lessen the value of the leasehold improvements in the Leased Premises, or would require increased services by Landlord’s cost; (c) in Landlord's reasonable judgment, and the financial worth of the proposed assignee is less than that of Tenant or does not meet the credit standards applied by Landlord; (d) the proposed assignee or sublessee (or any of its affiliates) has been in material default under a lease, has been in litigation with a previous landlord, or in the ten years prior to the assignment or sublease has filed for bankruptcy protection, has been the subject of an involuntary bankruptcy, or has been adjudged insolvent; (e) Landlord has no experienced a previous default by or is in litigation with the proposed assignee or sublessee; (f) in Landlord's reasonable judgment, the Leased Premises, or the relevant part thereof, will be used in a manner that will violate any negative covenant as to use contained in this Lease; (g) the use of the Leased Premises by the proposed assignee or sublessee will violate any applicable law, ordinance or regulation, or the proposed assignee or sublessee will use or store Hazardous Materials; (h) the proposed assignee or sublessee is, as of the date of this Lease, a tenant in the Building; (i) the proposed assignment or sublease fails to include all of the terms and provisions required to be included therein pursuant to this Article 7; (j) Tenant is in default of any obligation in connection therewith. of Tenant under this Lease, or Tenant has defaulted under this Lease on three or more occasions during the 12 months preceding the date that Tenant shall use Union Labor request consent; or (as defined k) in Section 9.7 below) for the case of a subletting of less than the entire Leased Premises, if the subletting would result in the division of the Leased Premises into more than two subparcels or would require improvements to be made outside of the Leased Premises. 7.2 Merger, Reorganization, or Sale of Assets. Any dissolution, merger, consolidation or other reorganization of Tenant, or the sale or other transfer in the aggregate over the Lease Term of a controlling percentage of the capital stock of Tenant, or the sale or transfer of all Maintenance Activities (or a substantial portion of the “Maintenance Labor Covenant”)assets of Tenant, shall be deemed a voluntary assignment of Tenant's interest in this Lease except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair any public offering of personal property owned exclusively by Tenant capital stock or sales of stock (e.g., computer systems, telephones, and furniture other than modular furniturea block trade) through an over- the-counter market or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant recognized national or international exchange shall not be included in default determining whether a controlling percentage of the Maintenance Labor Covenantcapital stock of Tenant has been transferred. The phrase "controlling percentage" means the ownership of and the right to vote stock possessing more than fifty percent of the total combined voting power of all classes of Tenant's capital stock issued, outstanding and entitled to vote for the election of directors. If Tenant shall (a) include the Maintenance Labor Covenant in each is a partnership, a withdrawal or change, voluntary, involuntary or by operation of its service contractsLaw, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in of any sublease, licensegeneral partner, or occupancy agreement relating to all or any part the dissolution of the partnership, shall be deemed a voluntary assignment of Tenant's interest in this Lease. Notwithstanding the foregoing, Tenant may, without Landlord's prior written consent and without being subject to any of the provisions of this Article 7, including without limitation, Landlord's right to recapture any portion of the Leased Premises., sublet the Leased Premises or assign this Lease to (individually, a "Permitted Assignee," collectively, "Permitted Assignees"): (i) a subsidiary, affiliate, division, corporation or joint venture controlling, controlled by or under common control with Tenant; or (ii) a successor corporation related to Tenant by merger, consolidation, nonbankruptcy reorganization, or government action; provided that any Permitted Assignee under (i) or (ii) above has a net worth equal to or greater than Tenant and does not have any contingent or off-balance sheet liabilities that make it less credit worthy than Tenant. 7.3

By Tenant. Subject Tenant shall not make any alterations to Landlord’s obligation or modifications of the Leased Premises or construct any improvements within the Leased Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant's written request shall also contain a request for Landlord to provide certain janitorial services elect whether or not it will require Tenant to remove the Premises under Section 16.5 subject alterations, modifications or improvements at the expiration or earlier termination of this Lease. If such additional request is not included, Landlord may make such election at the expiration or earlier termination of this Lease (Other Servicesand for purposes of Tenant's removal obligations set forth in Paragraph 2.5 above, Landlord shall be deemed to have made the election at the time the alterations, modifications or improvements were completed). All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant willshall be done in accordance with all Laws and in a good and workmanlike manner using new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at least five (5) business days prior written notice of its sole cost, keep the Premises intention to commence such work so that Landlord may post and the fixtures, improvements, equipmentfile notices of non-responsibility, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”iv) and will cause no waste or injury thereto. As part of the Maintenance Activitiesif requested by Landlord, Tenant shall be solely responsible have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to maintain and repair such finishes and equipmentLandlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Article 9. In no event shall Tenant make any modification, including kitchen appliances and fixturesalterations or improvements whatsoever to the Common Areas or the exterior or structural components of the Building including, modular furniturewithout limitation, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, any cuts or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services penetrations in the Premises whether installed by Tenant floor, roof or by Landlord on Tenant’s behalf and whether installed at Tenant’s or exterior walls of the Leased Premises, without Landlord’s cost's consent, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant which consent shall not be unreasonably withheld, conditioned or delayed. As used in default this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsadditional electrical outlets, (b) provide such evidence as Landlord may reasonably requireoverhead lighting fixtures, from time to time during the Termdrains, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicessinks, and (c) incorporate the foregoing requirements in any subleasepartitions, licensedoorways, or occupancy agreement relating to all or any part of the Premiseslike.

By Tenant. Subject Tenant shall not do anything or permit anything to Landlordbe done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws which relate to (i) Tenant’s obligation use of the Premises, (ii) any Alterations made by Tenant to provide certain janitorial services the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under Section 16.5 (Other Services)to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant’s use of the Premises for non-general office use. Tenant willshall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the Delivery Date. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep to comply promptly with such standards or regulations to the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste extent they apply to Tenant’s use or injury thereto. As part occupancy of the Maintenance Activities, Premises. Tenant shall be solely responsible responsible, at its sole cost and expense, to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether installed by Landlord is a party thereto, that Tenant or by has violated any of said governmental measures, shall be conclusive of that fact as between Landlord on and Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24. For purposes of Section 9.7 below) for all Maintenance Activities (1938 of the “Maintenance Labor Covenant”)California Civil Code, except that the Maintenance Labor Covenant shall not apply Landlord hereby discloses to the services for the installation, operation, maintenanceTenant, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Termhereby acknowledges, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into Premises have not undergone inspection by Tenant for such services, and a Certified Access Specialist (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesCASp).

By Tenant. Subject Tenant agrees to Landlord’s obligation to provide certain janitorial services to carry public liability insurance on the Premises under Section 16.5 (Other Services)during the Term hereof, covering the Tenant willand naming the Landlord, at its sole costLandlord's mortgagee, keep the Premises Landlord's agents and the fixturesbeneficiaries and such other parties as may be reasonably requested by Landlord as additional named insureds with terms and companies reasonably satisfactory to Landlord for limits of not less than $2,000,000 for bodily injury, improvements, equipmentincluding death, and finishes personal injury for any one occurrence, $1,000,000 property damage insurance or combined single limit of $2,000,000. Tenant's insurance will include contractual liability coverage recognizing this Lease, products and/or completed operations liability, sprinkler damage insurance and any Alterations therein in clean, safe, shall provide that Landlord and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible given a minimum of thirty (30) days' written notice by the insurance company prior to maintain and repair cancellation, termination or change in such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithinsurance. Tenant shall use Union Labor (also agrees to carry insurance against fire and such other risks as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, are from time to time included in standard fire and extended coverage insurance for the full insurable value, covering Tenant's leasehold improvements constructed or installed by Tenant, all of Tenant's merchandise, trade fixtures, furnishings, wall coverings, plate glass, floor coverings, carpeting, drapes and window coverings, equipment and all items of personal property of Tenant located on or within the Premises. At the Commencement Date, Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance is in full force and effect and stating the terms thereof. The minimum limits of the comprehensive general liability policy of insurance shall in no way limit or diminish Tenant's liability under Section 11.6 hereof and Tenant's insurance obligation shall be subject to additional and/or different types of insurance at any time, and from time to time, during the TermTerm hereof if Landlord, that in the Maintenance Labor Covenant is being fully and faithfully observed and exercise of its reasonable judgment, shall deem same necessary for adequate protection hereunder. Within twenty (20) days after Tenant's receipt of written demand therefor by Landlord, Tenant shall include furnish Landlord with evidence that such demand has been complied with and further provided that such additional and/or different types of insurance shall be reasonable and customary for restaurant uses in mixed use developments in the obligation geographic area in which the Project is located. Tenant shall have the right to maintain any coverage required pursuant to this Section 11.2 under any of its blanket insurance policies, so long as such blanket policies provide such evidence for the coverages, in each service contract entered into by Tenant for such servicesthe amounts, required herein, and (c) incorporate so long as such policies list the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesPremises specifically.

By Tenant. Subject Tenant shall not do anything or permit anything to Landlord’s obligation be done in or about the Premises which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with all Applicable Laws which relate to provide certain janitorial services (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Improvements in the Premises, or (iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under Section 16.5 (Other Services)to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, or triggered by the Improvements to the extent such Improvements are not normal and customary business office improvements, or triggered by Tenant's use of the Premises for non-general office use. Tenant willshall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of the date of delivery of the Premises to Tenant. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant by a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep to comply promptly with such standards or regulations to the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste extent they apply to Tenant's use or injury thereto. As part occupancy of the Maintenance Activities, Premises. Tenant shall be solely responsible responsible, at its sole cost and expense, to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in make all alterations to the Premises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether installed by Landlord is a party thereto, that Tenant or by has violated any of said governmental measures, shall be conclusive of that fact as between Landlord on and Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in promptly pay all fines, penalties and damages that may arise out of or be imposed because of its failure to comply with the provisions of this Article 24. For purposes of Section 9.7 below) for all Maintenance Activities (1938 of the “Maintenance Labor Covenant”)California Civil Code, except that the Maintenance Labor Covenant shall not apply Landlord hereby discloses to the services for the installation, operation, maintenanceTenant, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Termhereby acknowledges, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into Premises have not undergone inspection by Tenant for such services, and a Certified Access Specialist (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesCASp).

By Tenant. Subject Tenant shall not do anything or suffer anything to Landlordbe done by any Tenant Party in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other federal, state or local governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated (collectively, “Applicable Laws”). At its sole cost and expense, Tenant shall promptly comply with all such Applicable Laws which relate to (i) Tenant’s obligation to provide certain janitorial services use of the Premises, (ii) any Alterations made by Tenant to the Premises under Section 16.5 or the Tenant Improvements, or (Other Services)iii) the Base Building, but as to the Base Building, only to the extent such obligations are triggered by Alterations or Tenant willImprovements to the extent such Alterations are not normal and customary business office improvements in Comparable Buildings, at its sole costor triggered by the Tenant Improvements to the extent such Tenant Improvements ae not normal and customary business office improvements, keep or triggered by Tenant’s particular use of the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible Project as opposed to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithcustomary business office use. Tenant shall not, however, be responsible for the cost of complying with Applicable Laws to the extent that any such compliance is required as a result of the Base Building failing to comply with Applicable Laws in effect as of date the Building was substantially completed (i.e., 2018). Notwithstanding the foregoing terms of this Article 24 to the contrary, Tenant may defer such compliance with Applicable Laws while Tenant contests, in a court of proper jurisdiction, in good faith, the applicability of such Applicable Laws to the Premises or Tenant’s specific use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (or occupancy of the “Maintenance Labor Covenant”)Premises; provided, except that the Maintenance Labor Covenant however, Tenant may only defer such compliance if such deferral shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Maintenance Labor Covenant in each of its service contractsPremises, (b) provide such evidence as prohibit Landlord may reasonably requirefrom obtaining or maintaining a certificate of occupancy for the Building or any portion thereof, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate unreasonably and materially affect the foregoing requirements safety of the employees and/or invitees of Landlord or of any tenant in the Building (including Tenant), (d) create a significant health hazard for the employees and/or invitees of Landlord or of any tenant in the Building (including Tenant), (e) otherwise materially and adversely affect Tenant’s use of or access to the Buildings or the Premises, or (f) impose material obligations, liability, fines, or penalties upon Landlord or any other tenant of the Building, or would materially and adversely affect the use of or access to the Building by Landlord or other tenants or invitees of the Building. The judgment of any court of competent jurisdiction or the admission of Tenant in any subleasejudicial action, licenseregardless of whether Landlord is a party thereto, that Xxxxxx has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and Tenant. Landlord shall comply with all Applicable Laws relating to the Common Areas of the Building, provided that compliance with such Applicable Laws is not the responsibility of Tenant under this Lease, and provided further that Landlord’s failure to comply therewith would prohibit Tenant from obtaining or maintaining a certificate of occupancy for the Premises, or occupancy agreement relating would unreasonably and materially affect the safety of Tenant’s employees or create a significant health hazard for Tenant’s employees, or would otherwise materially and adversely affect Tenant’s use of or access to all or any part of the Premises. Landlord shall be permitted to include in Operating Expenses any costs or expenses incurred by Landlord under this Article 24 to the extent not prohibited by the terms of Section 4.2.4 above.

By Tenant. Subject In order to Landlord’s obligation be eligible for such partial disbursement, Tenant must submit to provide certain janitorial services Lessor a sworn construction statement with respect to all work through the thirtieth day of construction, proof that all work through the thirtieth day of construction has actually been paid for, and lien waivers for all work through the thirtieth day of construction. In order to be eligible for reimbursement, all work must be in substantial compliance with the Plans approved by Lessor and otherwise in accordance with the terms and conditions of this Lease. Provided that all of the foregoing conditions are satisfied, Lessor shall make the partial disbursement within fourteen business days after Tenant makes application to Lessor for the partial disbursement. The amount disbursed to Tenant upon final completion of the Tenant Improvements shall be reduced by the amount of any earlier partial disbursement. In the case of any failure of Lessor to make any payment due Tenant under this Section 13, if Lessor fails to pay the same within 10 days after written demand by Tenant to Lessor, Tenant shall have the right to deduct the amount past due from Lessor under this Section, without liability for forfeiture, as an offset against Monthly Rent. Tenant will not make any alterations, additions or improvements in or to the Premises under Section 16.5 (Other Services)without first obtaining the written approval of Lessor, which approval shall not unreasonably be withheld. Tenant will get Lessor's prior written approval of any contractor or subcontractor who is to perform work on the Premises at Tenant's request, which approval shall not unreasonably be withheld. Lessor may require Tenant to post a bond, cash or other security to protect the Premises from mechanic's liens. All alterations by Tenant will be constructed with new materials unless the materials are already in the Premises, in a good and workmanlike manner, and in substantial compliance with the plans and specifications approved by Lessor and all applicable laws, ordinances, rules, orders, regulations, or other requirements of governmental authorities. Tenant will pay for any labor, services, materials, supplies or equipment properly furnished or alleged to have been furnished to Tenant in or about the Premises. Tenant will pay and discharge any mechanic's, materialmen's or other lien against the Premises resulting from Tenant's failure to make such payment or alleged failure to make such payment, or will contest the lien and deposit with Lessor cash equal to the amount of the lien plus Lessor's reasonable estimate of any additional costs to remove the lien. If the lien is reduced to final judgment, Tenant will, at its sole cost, keep will discharge the judgment and Lessor will return the cash deposited by Tenant. Lessor may post notices of nonresponsibility on the Premises as provided by law. All alterations, additions and improvements to the fixturesPremises made at Lessor's or Tenant's expense, improvements, equipment, except movable office furniture and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes Tenant's movable trade fixtures and equipment, including kitchen appliances will become the property of Lessor upon installation and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together will be surrendered with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)upon termination of this Lease, except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, as otherwise agreed in writing by Lessor and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premises.

By Tenant. Subject to Throughout the Term, except for the Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services)maintenance, Tenant will, at its sole cost, keep the Premises and the fixtures, improvements, equipmentreplacement, and finishes and any Alterations therein repair obligations specified in this Lease Tenant shall maintain the Leased Premises in a clean, safe, and sanitary condition operable condition, loss or damage caused by the elements or Landlord and/or any party related thereto, wear and in good order tear, condemnation, and repairfire and other casualty excepted, will take good care thereof (collectivelyand at the termination of this Lease, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesTenant’s right to possession, Tenant shall be solely responsible return the Leased Premises to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental airLandlord in broom-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipmentclean condition. To the extent Union Labor is not available in the market Tenant fails to perform a specific Maintenance Activityeither obligation within 15 days after the Tenant’s receipt of Landlord’s written request specifying the maintenance and/or cleaning Landlord is requesting, Landlord may, but need not, restore the Leased Premises to such condition and Tenant shall not be pay the reasonable cost thereof. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in default good condition any air conditioning unit exclusively serving Tenant’s computer server room. With respect to any portion of the Maintenance Labor CovenantLeased Premises visible from any common area inside the Building (the “Visible Leased Premises”). Tenant shall (ai) include maintain such Visible Leased Premises and furniture, fixtures and equipment located therein in a neat and first-class condition throughout the Maintenance Labor Covenant in each of its service contractsTerm and any extension thereof, (bii) provide such evidence not use the Visible Leased Premises exclusively for storage, (iii) obtain Landlord’s prior written consent, which shall not be unreasonably withheld or delayed, as to the interior paint color, signage, and carpeting, contained in the Visible Leased Premises, (iv) complete within the Visible Leased Premises any cleaning reasonably requested by Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such serviceswithin two business days after Landlord’s written request therefor, and (cv) incorporate complete within the foregoing requirements in Visible Leased Premises any subleaserepairs necessary to fulfill Tenant’s obligations under this Lease within five business days after Landlord’s written request therefor specifying the repair Landlord is requesting and thereafter diligently pursue the same to completion, licensebut no longer than 30 days. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by Tenant or its employees, agents, or occupancy agreement relating invitees unless the cost of said repair or replacement is otherwise covered by Landlord’s insurance or would have been covered by Landlord’s insurance had Landlord obtained and maintained the insurance required in this Lease. If the repair or replacement is not subject to all Landlord’s insurance as specified in the preceding sentence, and Tenant fails to commence to make such repairs or replacements within 15 days after (i) the occurrence of such damage, and (ii) Tenant’s receipt of written notice from Landlord specifying the repair(s) or replacement(s) Landlord is requesting, and thereafter diligently pursue the completion thereof (or, in the case of a bona fide emergency, such shorter period of time as is reasonable given the circumstances, which emergency and shorter period will be specified in Landlord’s written notice to Tenant specifying the repair(s) or replacement(s) Landlord is requesting, then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Leased Premises, or if such damage occurs inside the Leased Premises but affects the Building’s Systems and/or Building’s structure or any part other area outside the Leased Premises, and the repair or replacement related to such damage is not subject to Landlord’s insurance coverage as specified above in this paragraph, then Landlord may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section, in each case plus an administrative fee of 6 % of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has invoiced Tenant therefor. Tenant’s obligations to repair and/or maintain contained in this paragraph shall be limited to the interior of the Leased Premises, and shall in no event include any structural elements, any building systems (including without limitation plumbing systems, sprinkler systems, and HVAC ducts), regular wear and tear or casualty loss to the extent that they are to be insured by property insurance specified to be carried by Landlord in this Lease.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant will, at its sole cost, shall keep the Premises and the fixturesLoading Dock in good and clean condition and shall at its sole cost and expense keep the same free of dirt, improvementsrubbish, equipmentice or snow, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and finishes any sewer stoppage located in, under and above the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, except for any Alterations therein in cleanlatent design or construction defects that existed prior to the full execution of this Lease. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), safeLandlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs and Tenant shall pay to Landlord upon demand, and sanitary condition and in good order and repair, will take good care thereof (collectivelyas Rent hereunder, the “Maintenance Activities” andcost of such repairs plus interest at the Default Rate, individuallysuch interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the “Maintenance Activity”) and will cause no waste right to make such repairs without notice to Tenant in the event of an emergency, or injury thereto. As part if such repairs relate to the exterior of the Maintenance ActivitiesPremises. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within the Premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type takes possession of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewithPremises. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, provide Landlord a copy of such contract and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during upon request furnish proof reasonably satisfactory to Landlord that all such systems and equipment are being serviced in accordance with the Termmaintenance/service contract. At the expiration of this Lease, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include surrender the obligation Premises in good condition, excepting reasonable wear and tear. All personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the sole risk of Tenant. Landlord or its agents shall not be liable for any loss or damage to provide such evidence in each service contract entered into by Tenant for such servicespersons or property resulting from fire, and (c) incorporate the foregoing requirements in any subleaseexplosion, licensefalling plaster, steam, gas, electricity, water or occupancy agreement relating to all or rain which may leak from any part of the Complex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit K attached hereto.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), A) Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) interior doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the exclusive benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or Project; (6) supplemental air conditioning units that exclusively serve the Premises, private showers and kitchens, including water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) all utilities within the Premises; (9) Tenant’s wiring; (10) interior glass; (11) all bulb and ballast replacement and repairs; (12) Alterations performed by contractors retained by or on behalf of Tenant; and (13) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor reasonably approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 7(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) Business Days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable and documented cost of the repairs to Landlord within thirty (30) days after receipt of an invoice. At the Expiration Date, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or personal or other property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesComplex or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant.

By Tenant. Subject Tenant shall not do anything or suffer anything to Landlord’s obligation be done in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any such governmental regulations related to provide certain janitorial services disabled access (collectively, "Applicable Laws"). At its sole cost and expense, Tenant shall promptly comply with any Applicable Laws which relate to (i) Tenant's use of the Premises, (ii) any Alterations made by Tenant to the Premises, and any Tenant Improvements in the Premises, (iii) the Tenant Maintenance Responsibilities, or (iv) the Landlord Maintenance Responsibilities, but as to the Landlord Maintenance Responsibilities, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises under to the extent such Alterations are not normal and customary business office improvements, or triggered by the Tenant Improvements to the extent such Tenant Improvements are not normal and customary business office improvements (subject to Section 16.5 (Other Services1 of the Tenant Work Letter in connection with the initial construction of the Tenant Improvements), or triggered by Tenant's use of the Premises for non-general office use. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant willby a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep the Premises to comply promptly with such standards or regulations and the fixturesto cooperate with Landlord, improvementsincluding, equipmentwithout limitation, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair by taking such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence actions as Landlord may reasonably require, from time in Landlord's efforts to time during comply with such standards or regulations. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the TermPremises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that the Maintenance Labor Covenant is being fully Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesTenant.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to the Premises under Section 16.5 (Other Services), Tenant willshall, at its sole costcost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order condition and repair, will take good care thereof ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors; (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityCable”) that is installed by or for the benefit of Tenant and will cause no waste located in the Premises or injury thereto. As part other portions of the Maintenance ActivitiesBuilding or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant, including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to perform any of the foregoing maintenance or repair obligations or require that such obligations be performed by a contractor approved by Landlord, all at Tenant’s expense. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be solely responsible to maintain and repair such finishes and equipmentrestored by Landlord. All personal property of Tenant, including kitchen appliances goods, wares, merchandise, inventory, trade fixtures and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment, shall be stored at the sole risk of Tenant. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant Landlord or its agents shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contractsliable for any loss or damage to persons or property resulting from fire, (b) provide such evidence as Landlord explosion, falling plaster, steam, gas, electricity, water or rain which may reasonably require, leak from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant agrees to immediately notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Tenant relieves Landlord from any liability for any bodily injury or damages to property caused by or associated with moisture or the growth of or occurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit L attached hereto.

By Tenant. Subject to LandlordTenant shall, at Tenant’s obligation to provide certain janitorial services to sole cost and expense, maintain the Premises under Section 16.5 (Other Servicesother than the portions of the Building Structure (defined below) and Building Systems (defined below) of the Building which are contained in the Premises), Tenant willin good, at its sole cost, keep the Premises clean and the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary first-class condition and in good order and repair, will take good care thereof (collectively, . Without limiting the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part generality of the Maintenance Activitiesforegoing, Tenant shall be solely responsible to maintain for maintaining and repair such finishes and equipment, including kitchen appliances and repairing all fixtures, modular furniturenon-Building standard electrical lighting, showers ceilings and bathroom fixturesfloor coverings, supplemental air-conditioning equipmentwindows, computersdoors, or any other type plate glass, skylights, and interior walls within the Premises using the same quality of equipment or improvements, together with related plumbing, electrical, or other utility services materials as used in the Premises whether installed original construction. In addition, Tenant shall be responsible for all repairs (beyond ordinary wear and tear) made necessary by Tenant or by its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Landlord on Tenant’s behalf acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or its invitees, agents, employees, contractors or subcontractors, subject to the waivers contained in Section 12.3 below. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and whether installed subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any Cabling. Tenant shall, at Tenant’s expense, contract with a reputable licensed contractor to maintain the Cabling. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord’s cost. Except as otherwise expressly set forth in this Lease, Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) any similar or for any of successor law regarding Tenant’s specialized equipment. To right to make repairs and deduct expenses of such repairs from the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesRent due under this Lease.

By Tenant. Subject to Section 8(b)(i) above, Tenant shall keep the interior, non-structural portion of the Premises in good, clean and habitable condition and shall at its sole cost and expense keep the same free of dirt, rubbish, insects, rodents, vermin and other pests and make all needed repairs and replacements, including replacement of cracked or broken interior glass, except for repairs and replacements required to be made by Landlord. Without limiting the coverage of the previous sentence, but subject to the limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws. All contractors and subcontractors shall be subject to Landlord’s obligation written approval in accordance with Section 8(b)(iii). If any repairs required to provide certain janitorial services be made by Tenant hereunder are not commenced within ten (10) Business Days after written notice delivered to Tenant by Landlord (such time period not being subject to the Premises under notice and cure provisions of Section 16.5 (Other Services17(f)), Tenant will, Landlord may at its option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Tenant shall pay to Landlord upon demand as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Building. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole costrisk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, keep its employees, agents or contractors, Landlord and its agents shall not be liable for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Project or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Emphasis is properly placed on prevention of moisture and on good housekeeping and ventilation practices. Tenant acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. In signing this Lease, Tenant has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the fixturesPremises. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, improvements, equipmentincluding leaks), and finishes allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any Alterations therein in clean, safe, item of Tenant’s repair and sanitary condition and in good order and maintenance obligations set forth herein involves a capital repair, will take good care thereof replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (collectively“Tenant Repair Capital Item”), including, without limitation, any necessary replacement of any HVAC unit or air handler serving the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance ActivitiesBuilding, Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the receipt of such notice from Tenant, make such Tenant Repair Capital Item, provided that neither party shall have the right to require that the capacity, quality or size of any item to be solely responsible repaired or replaced be upgraded as part of such work unless the party requiring such upgrade agrees to maintain and repair bear any increased cost associated with the acquisition of/or installation of an upgraded item compared to the acquisition/installation of a reasonably similar substitute item (however, if applicable law requires such finishes and equipmentan upgrade, including kitchen appliances and fixturesthe foregoing limitation will not apply). Following completion of such work, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type provide Tenant with written notice of equipment or improvements, together with related plumbing, electrical, or other utility services in (i) the Premises whether installed by total cost of such Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Repair Capital Item (“Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor CovenantRepair Capital Item Cost”), except that (ii) the Maintenance Labor Covenant shall not apply estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the monthly amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence “prime rate” as Landlord may reasonably require, announced from time to time during the Termby Bank of America, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesN.A., plus one percent (1%) per annum, and (civ) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating monthly amount due and payable by Tenant to all or any part reimburse Landlord for that portion of the Premisesamortized Tenant Repair Capital Item Cost applicable to the remainder of the Lease Term, which monthly amount shall be paid by Tenant to Landlord concurrently with the payment by Tenant to Landlord of the monthly Base Rent. The intent of the parties hereto is that, in the event of the necessity of a Tenant Repair Capital Item, Tenant shall only be obligated to pay the cost of such Tenant Repair Capital Item Cost equal to the ratio that the remainder of the Term bears to the Useful Life (i.e., if there are five (5) years remaining in the term and the Useful Life of the applicable Tenant Repair Capital Item Cost is twenty (20) years, Tenant will only be required to pay twenty five percent (25%) of such Tenant Repair Capital Item Cost, plus interest as described in clause (iii) above.

By Tenant. Subject to Landlord’s obligation to provide certain janitorial services to Throughout the Premises under Section 16.5 (Other Services)Term, Tenant willshall maintain the Leased Premises in their condition as of the Commencement Date, loss or damage caused by the elements, ordinary wear and tear, and fire and other casualty excepted, and at the termination of this Lease, or Tenant’s right to possession, Tenant shall return the Leased Premises to Landlord in broom‑clean condition. To the extent Tenant fails to perform either obligation, Landlord may, but need not, restore the Leased Premises to such condition and Tenant shall pay the cost thereof. Additionally, Tenant, at its sole costexpense, keep the Premises shall repair, replace and the fixtures, improvements, equipment, and finishes and any Alterations therein maintain in clean, safe, and sanitary good condition and in good order accordance with all applicable laws and repairthe equipment manufacturer’s suggested service programs, will take good care thereof all portions of the Leased Premises and all areas, improvements and systems exclusively serving the Leased Premises, including the branch lines of the plumbing, electrical and HVAC systems, including all duct work. With respect to any portion of the Leased Premises visible from any common area inside or outside of the Building (collectively, the “Maintenance Activities” and, individually, the “Maintenance ActivityVisible Leased Premises”) and will cause no waste or injury thereto. As part of the Maintenance Activities), Tenant shall be solely responsible to (i) maintain such Visible Leased Premises and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers fixtures and bathroom fixturesequipment located therein in a neat and first-class condition throughout the Term and any extension thereof, supplemental air-conditioning equipment(ii) not use the Visible Leased Premises for storage, computers(iii) obtain Landlord’s prior written consent as to the interior paint color, signage, carpeting, furniture and equipment contained in the Visible Leased Premises, (iv) complete within the Visible Leased Premises any cleaning reasonably requested by Landlord within two business days after Landlord’s written request therefor, and (v) complete within the Visible Leased Premises any repairs reasonably requested by Landlord within five business days after Landlord’s written request therefor. Tenant shall repair or replace, subject to Landlord’s direction and supervision, any damage to the Project caused by Tenant or its employees, agents, or invitees. If (a) Tenant fails to commence to make such repairs or replacements within 15 days after the occurrence of such damage and thereafter diligently pursue the completion thereof (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), or (b) notwithstanding such diligence, Tenant fails to complete such repairs or replacements within 30 days after the occurrence of such damage (or, in the case of an emergency, such shorter period of time as is reasonable given the circumstances), then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Leased Premises, or if such damage occurs inside the Leased Premises but affects the Building’s Systems and/or Building’s structure or any other type of equipment or improvementsarea outside the Leased Premises, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by then Landlord on Tenant’s behalf and whether installed may elect to repair such damage at Tenant’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or Landlord’s replacement work performed by Landlord under this Section, in each case plus an administrative fee of 6% of such cost, and shall be paid by Tenant to Landlord within 30 days after Landlord has no obligation in connection therewith. invoiced Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the Premisestherefor.

By Tenant. Subject Tenant shall not do anything or suffer anything to be done in or about the Premises or the Project which will in any way conflict with any law, statute, ordinance or other governmental rule, regulation or requirement now in force or which may hereafter be enacted or promulgated, including any such governmental regulations related to disabled access (collectively, “Applicable Laws“). At its sole cost and expense, Tenant shall promptly comply with any Applicable Laws which relate to (i) Tenant’s use of the Premises, (ii) any Alterations made by Tenant to the Premises, (iii) the Tenant Maintenance Responsibilities, or (iv) the Landlord Maintenance Responsibilities, but as to the Landlord Maintenance Responsibilities, only to the extent such obligations are triggered by Alterations made by Tenant to the Premises, or triggered by the Tenant Improvements (subject to Section 1 of the Tenant Work Letter in connection with the initial construction of the Tenant Improvements), or triggered by Tenant’s use of the Premises. Notwithstanding the foregoing, if, within one (1) year following the Commencement Date, any work is required to comply with Applicable Laws due to Landlord’s obligation delivery of possession of the Premises to provide certain janitorial services Tenant in a condition that is not in compliance with Applicable Laws as of the date of delivery of the Premises, then Landlord, as opposed to Tenant, shall be responsible for the cost of any such work, except to the Premises under Section 16.5 extent that such non-compliance is the result of (Other Services)a) elements incorporated into the Construction Documents from Changes or (b) Tenant's specific use of the Premises, which condition would not constitute a violation of Applicable Laws in the absence of such use by Tenant. Should any standard or regulation now or hereafter be imposed on Landlord or Tenant willby a state, federal or local governmental body charged with the establishment, regulation and enforcement of occupational, health or safety standards for employers, employees, landlords or tenants, then Tenant agrees, at its sole costcost and expense, keep the Premises to comply promptly with such standards or regulations and the fixturesto cooperate with Landlord, improvementsincluding, equipmentwithout limitation, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair by taking such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”), except that the Maintenance Labor Covenant shall not apply to the services for the installation, operation, maintenance, and repair of personal property owned exclusively by Tenant (e.g., computer systems, telephones, and furniture other than modular furniture) or for any of Tenant’s specialized equipment. To the extent Union Labor is not available in the market to perform a specific Maintenance Activity, Tenant shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence actions as Landlord may reasonably require, from time in Landlord’s efforts to time during comply with such standards or regulations. Tenant shall be responsible, at its sole cost and expense, to make all alterations to the TermPremises as are required to comply with the governmental rules, regulations, requirements or standards described in this Article 24 with which Tenant is responsible for compliance. The judgment of any court of competent jurisdiction or the admission of Tenant in any judicial action, regardless of whether Landlord is a party thereto, that the Maintenance Labor Covenant is being fully Tenant has violated any of said governmental measures, shall be conclusive of that fact as between Landlord and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such services, and (c) incorporate the foregoing requirements in any sublease, license, or occupancy agreement relating to all or any part of the PremisesTenant.

By Tenant. Subject With respect to Landlord’s obligation to provide certain janitorial services any Environmental Noncompliance or Environmental Condition applicable to the Leased Premises, attributable to Tenant's use or occupancy of the Leased Premises for which Tenant is responsible in accordance with this Seciton 4, and without in any way limiting the scope of Tenant's obligations under the indemnification provisions in Section 16.5 4.2(a) above, as between Tenant and Landlord, Tenant will be responsible for the initiation of all investigations, studies, cleanup, corrective action or response or remedial action required by any local, state or federal government agency now or hereafter authorized to regulate environmental matters (Other Serviceshereinafter "Governmental Entities"), Tenant willor by any consent decree, at its sole costor court or administrative order now or hereafter applicable to the Leased Premises, keep or by any federal, state or local law, regulation, rule or ordinance now or hereafter in effect resulting during Tenant's use and occupancy of the Leased Premises and resulting from Tenant's activities on the fixtures, improvements, equipment, and finishes and any Alterations therein in clean, safe, and sanitary condition and in good order and repair, Leased Premises. Tenant will take good care thereof (collectively, the “Maintenance Activities” and, individually, the “Maintenance Activity”) and will cause no waste or injury thereto. As part of the Maintenance Activities, Tenant shall be solely responsible to maintain and repair such finishes and equipment, including kitchen appliances and fixtures, modular furniture, showers and bathroom fixtures, supplemental air-conditioning equipment, computers, or any other type of equipment or improvements, together with related plumbing, electrical, or other utility services in the Premises whether installed by Tenant or by Landlord on Tenant’s behalf and whether installed at Tenant’s or Landlord’s cost, and Landlord has no obligation pay all costs in connection therewith. Tenant shall use Union Labor (as defined in Section 9.7 below) for all Maintenance Activities (the “Maintenance Labor Covenant”)with such actions, except that the Maintenance Labor Covenant shall not apply to the services for the including, without limitation, installation, operation, maintenance, testing, monitoring costs, preparation of plans, designs, applications, studies and repair reports by or for Governmental Entities or other regulating agencies, the preparation of personal property owned exclusively by Tenant (e.g.closure or other required plans, computer systemsthe retention of legal counsel, telephonesengineers, and furniture other than modular furniture) or for any of Tenant’s specialized equipmentexpert consultants. To Subject to the extent Union Labor is not available in the market to perform a specific Maintenance Activitylimitations set forth herein, Tenant shall have the responsibility and right to manage and control all investigations and any environmental cleanup, remediation, or related activities relating to matters for which Tenant is responsible in accordance with this section. Tenant, however, may not negotiate with, fulfill any requirements or claims made by a Governmental Entity or third party, settle or contest such requirement or third-party claim without the express approval of Landlord, such approval shall not be in default of the Maintenance Labor Covenant. Tenant shall (a) include the Maintenance Labor Covenant in each of its service contracts, (b) provide such evidence as Landlord may reasonably require, from time to time during the Term, that the Maintenance Labor Covenant is being fully and faithfully observed and Tenant shall include the obligation to provide such evidence in each service contract entered into by Tenant for such servicesunreasonably withheld, and (c) incorporate Landlord shall have the foregoing requirements right to participate fully in any subleaseand all meetings, license, negotiations or occupancy agreement relating decisions relevant to all the investigation or any part remediation of Environmental Conditions at the Leased Premises.