Common use of By Tenant Clause in Contracts

By Tenant. If any Rent is in arrears for a period of ten (10) days after a written notice from Landlord to Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Lease, and Tenant covenants and agrees to make good to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent (2%) above the Prime Rate.

By Tenant. If any Rent Tenant shall be responsible to perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, at Tenant’s sole cost and expense. Tenant shall keep the Premises in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and located in arrears for a period the Premises or other portions of ten the Building or Project; (106) days after a written notice from Landlord to 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, or if Tenant shall fail at any time including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to keep or perform any of the covenants foregoing maintenance or conditions of this Lease other than repair obligations or require that such obligations be performed by a covenant contractor approved by Landlord, such approval not to be unreasonably withheld, 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 the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless 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), or, if Tenant fails to commence a cure and diligently pursue a cure to completion if the cure cannot reasonably be completed within such said thirty (30) day period, and Tenant commences then Landlord may, in addition to cure such default within such thirty (30) day cure period and diligently pursues such cure any other remedy available to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving make the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Lease, and Tenant covenants and agrees to make good to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premisesrepairs, and Tenant shall pay the cost for reletting including but not limited to the reasonable cost of tenant improvementsthe repairs to Landlord within thirty (30) days after receipt of an invoice. However, notwithstanding the foregoing, Tenant shall not be liable for any failure to make repairs or to perform any maintenance hereunder unless such failure shall persist for longer than a commercially reasonable time after Tenant’s receipt of written notice from Landlord requesting such repairs or maintenance. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period elects to store any personal property of time longer than the current Lease TermTenant, then any such costs including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be allocated throughout stored at the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period sole risk of Tenant's Lease Tenn. No remedy or election by . 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. Tenant agrees to immediately notify Landlord hereunder shall be deemed exclusiveif it observes mold/mildew and/or moisture conditions (from any source, but shallincluding leaks), wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant and allow Landlord to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent (2%) above the Prime Rateevaluate and make recommendations and/or take appropriate corrective action.

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or the 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. If Tenant fails to make any Rent is in arrears repairs to the Premises for a period of ten more than fifteen (1015) days after a written notice from Landlord to Tenant(although notice shall not be required if there is an emergency, or if Tenant shall fail at any time the area to keep or be repaired is visible from the exterior of the Building), Landlord reserves the right to perform any of the covenants foregoing maintenance or conditions of this Lease other repair obligations, all at Tenant’s expense. In all events, Landlord reserves the right to require that Tenant’s repair and maintenance obligations be performed by a contractor approved by Landlord, such approval not to be unreasonably withheld. 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 a covenant for fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the payment area to be repaired is visible from the exterior of the monthly Rent for a period Building), then Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of more than the repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to ten percent (unless the cure cannot reasonably be completed within such thirty (3010%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term repairs. At the expiration or earlier termination of this 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. Landlord or 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 roofs, 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 covenants acknowledges the necessity of housekeeping, ventilation and agrees to make good moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the Landlord any deficiency arising from property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a remanner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-entry and/or a reletting of up air into the HVAC system; (C) to the extent within Tenant’s reasonable control, maintain the Premises at a lesser rental than herein agreedconsistent temperature and humidity level in accordance with the Property Manager’s reasonable instructions; (D) promptly clean up any liquid spills in the Premises to prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. The Tenant shall pay such deficiency each month as agrees to promptly 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. Except to the amount thereof is ascertained extent caused by the Landlord. gross negligence or willful misconduct of Landlord shall have an affirmative obligation to use or its best efforts to relet the Premises employees, contractors or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days lateagents, Tenant shall pay relieves Landlord interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgment by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, 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, "CABLE") that is installed by or for the benefit of Tenant and 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. All of such work shall be performed by a contractor approved by Landlord, 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 Rent is in arrears for a period of ten repairs to the Premises within fifteen (1015) days after a written notice from Landlord to TenantLandlord, or if such longer period of time as Tenant may reasonably require, provided that Tenant commences to perform such work within such fifteen (15) day period and thereafter diligently and continuously prosecutes such work to completion, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall fail at any time to keep or perform any pay the reasonable cost of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (unless the cure cannot reasonably be completed within such thirty (3015%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term repairs. Notwithstanding the foregoing, in the event of an emergency or where the area to be repaired is visible from the exterior of the Building, Landlord shall have the right to perform such repairs at Tenant's expense without giving prior notice to Tenant. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and Tenant covenants tear and agrees losses required to make good be restored by Landlord. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, that is not removed from the Premises as of the expiration or prior termination of the Term, the same shall be stored at the sole risk of Tenant. Except, subject to Section 11(c), to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any extent of Landlord's reasonable attorneys' fees and negligence, Landlord or 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 real estate commission for such reletting. If Landlord relets for a period 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 time longer than the current Lease Termany other tenant or any officer, then agent, employee, contractor or guest of any such costs shall be allocated throughout 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 entire reletting term to not unduly reduce the amount necessity of consideration received by Landlord during the remaining period of Tenanthousekeeping, ventilation, and moisture control (especially in kitchens, janitor's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusiveclosets, but shallbathrooms, wherever possible, be cumulative with all other remedies at law or in equitybreak rooms and around outside walls) for mold prevention. If any payment due from Tenant to Landlord hereunder is more than ten (10) days lateIn signing this Lease, Tenant shall pay 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 interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, ordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) the Building’s Systems exclusively serving the interior of the Premises; (2) Tenant’s equipment and fixtures; (3) Tenant’s signs, placards, decorations or other advertising media of any type; (4) interior painting or other treatment of exterior walls; (5) plate glass, windows, doors and other exterior openings including replacement of cracked or broken glass; (6) window and door frames, molding, closure devices, locks and hardware; (7) signage and special store fronts, if any; and (8) the Loading Dock (unless it is used in common with other tenants) in good, clean and habitable condition. In addition, Tenant shall, at its sole cost and expense, keep the same free of dirt, rubbish, insects, rodents, vermin and other pests. Without limiting the coverage of the previous sentences, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of the Building’s Systems exclusively serving the interior of the Premises and Tenant’s equipment and fixtures, and also includes all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in the Premises, but only if the defect or other cause for repair or replacement was caused by Tenant. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all HVAC systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises; provided, however, that (a) if Tenant fails to enter into or maintain a contract for the maintenance and repair of the HVAC equipment in the Premises, Landlord shall have the option of contracting directly with an HVAC servicing company for all such work and charging Tenant for all costs thereof, or (b) if Landlord elects to do so, Landlord shall have the option of contracting directly with an HVAC servicing company for all such work, with the costs thereof to be reimbursed to Landlord pursuant to Exhibit C. If any Rent is in arrears for a period of repairs required to be made by Tenant hereunder are not made within ten (10) days after a written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), 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 and 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 Tenantmake such repairs without notice to Tenant in the event of an emergency, or if Tenant shall fail at any time such repairs relate to keep or perform any the exterior of the covenants or conditions of this Lease other than a covenant for Premises. At the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term expiration of this 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, the Landlord Indemnitees (as defined in Section 8(d)) shall not be liable under any circumstances for any loss, injury 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 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 from any other cause whatsoever, 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). In no event shall the Landlord Indemnitees ever be liable for loss, injury or damage resulting from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. Tenant, as a material part of the consideration to Landlord hereunder, hereby assumes all risk of damages to Tenant’s property or business or injury to persons, in, on or about the Premises or the Complex arising from any cause, except to the extent caused by the gross negligence or willful misconduct of Landlord or its agents, and Tenant covenants hereby waives all claims in respect thereof against the Landlord Indemnitees. It is generally understood that mold spores are present essentially everywhere and agrees to make 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. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the Landlord any deficiency arising from property manager for the Complex (the “Property Manager”) promptly and conduct its required activities in a remanner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-entry and/or a reletting of up air into the HVAC system; (C) maintain the Premises at a lesser rental than herein agreedconsistent temperature and humidity level in accordance with the Property Manager’s instructions; (D) regularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. The Tenant shall pay such deficiency each month as 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 amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet growth of or occurrence of mold or mildew on the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited except to the cost extent caused by Landlord’s gross negligence or willful misconduct. In addition, execution of tenant improvements, any this Lease constitutes acknowledgement by Tenant that control of Landlord's reasonable attorneys' fees moisture and the real estate commission for such relettingmold prevention are integral to its Lease obligations. If Landlord relets for a period For avoidance of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days latedoubt, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent not be required to make any structural repairs or Alterations to the Premises, the Building, or the Complex which may be required by Law (2%) above the Prime Ratewhether presently existing or hereafter enacted), insurance regulations or otherwise except as provided in this Lease.

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and 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. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any Rent is in arrears repairs to the Premises for a period of ten more than fifteen (1015) days after a written notice from Landlord to Tenant, (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 fail at any time to keep or perform any pay the reasonable cost of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to fifteen percent (unless the cure cannot reasonably be completed within such thirty (3015%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term 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 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. Landlord or 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. Tenant covenants acknowledges the necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, and break rooms) for mold prevention. 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 good recommendations and/or OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 11 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 Landlord any deficiency arising from a re-entry and/or a reletting growth of or occurrence of mold or mildew on the Premises at a lesser rental than herein agreedPremises. The 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 pay such deficiency each month as adopt and implement the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, moisture and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest mold control guidelines set forth on such late payment at an interest rate of two percent (2%) above the Prime RateExhibit J attached hereto.

By Tenant. If any Rent is Except as expressly provided in arrears for subparagraph (a) of --------- this Paragraph 16, and except as provided in Paragraph 29(e), Tenant will, at its sole cost and expense, (i) in the event Tenant elects not to self-manage the Project, hire a period company experienced in the management and maintenance of ten facilities similar to the Project (10) days after approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay, and which approval shall be deemed granted if Landlord fails to respond to a written notice from request therefor within twenty (20) days; Landlord hereby approves Washington Group International for all purposes in connection with this Lease as a management company), to manage and maintain the Project (the contract with such company shall provide for the contract to terminate on the date (the "Applicable Date") which is the earlier of the Recapture Date (as defined in Paragraph 29(e) hereof), the last day of the term of this Lease, and the day Landlord terminates Tenant's right to possession of the Demised Premises pursuant to Paragraph 26(b)(ii) hereof), and (ii) take care of and maintain the Project in first class order, repair and operating condition and make repairs, restorations, and replacements to the Project, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, structural roof, walls, and foundations, paving, curbs, landscaping, and the fixtures and appurtenances to the Project as and when needed to preserve them in good working order and condition and as required by Article IX of the Declaration and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non-capital, or the fault or not the fault of Tenant, its agents, employees, invitees, visitors, or if contractors, but not to the extent caused by the negligence or intentional misconduct of Landlord, its employees, agents or licensees. Tenant agrees to keep and maintain in full force and effect, from the first day of the Move-in Period and continuing thereafter throughout the term of this Lease, at Tenant's sole expense, a maintenance contract with a reputable heating and air conditioning contractor with respect to the heating and air conditioning equipment servicing the Project. Such contract shall provide for service to be rendered on a regular periodic basis, shall provide for the contract to terminate on the Applicable Date. Tenant shall fail at any time deliver to keep Landlord written evidence of such service contract upon request of Landlord. All repairs, restorations, and replacements by Tenant hereunder will be in quality and class equal to the original work or perform any of the covenants installations. If Tenant fails to make repairs, restorations, or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than replacements within thirty (30) days after receipt of written notice thereof from Landlord (unless of the cure cannot reasonably need therefor, Landlord may thereafter make them at the expense of Tenant and the expense will be completed collectible as additional rent to be paid by Tenant within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any days after its receipt of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Lease, and Tenant covenants and agrees to make good to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent (2%) above the Prime Ratevalid invoice therefor.

By Tenant. If any Rent Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and located in arrears for a period the Premises or other portions of ten the Building or Project; (106) days after a written notice from Landlord to 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, or if including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Tenant shall fail contract directly for janitorial services to the Premises and will keep the Premises in a first-class condition and appearance. Tenant will pay all costs and expenses for the janitorial services directly to the provider. Landlord will have no obligations with respect to such janitorial services. Tenant acknowledges that the condition and appearance of the Premises are of concern to the Landlord because of the Premises’ location and visibility which as a result may detract from the first-class appearance and image of the Building. If Landlord reasonably determines at any time that the Premises are not being kept in a condition acceptable to keep or Landlord, then Landlord shall notify Tenant and Tenant shall return the Premises to a condition reasonably satisfactory to Landlord within three (3) business days after such notice. if after such 3 business day period, Tenant has not complied, Landlord may during Ordinary Business Hours enter the Premises and have the Premises cleaned to its satisfaction by its own janitorial services at Tenant’s cost and expense. Landlord reserves the right to perform any of the covenants foregoing maintenance or conditions of this Lease other 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 a covenant for fifteen (15) days after notice from Landlord (although notice shall not be required if there is an emergency, or if the payment area to be repaired is visible from the exterior of the monthly Rent for a period Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of more than the repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to ******* percent (unless the cure cannot reasonably be completed within such thirty (30**%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term repairs. At the expiration of this Lease, and Tenant covenants and agrees to make good to the Landlord any deficiency arising from a re-entry and/or a reletting of shall surrender the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained in good condition, excepting reasonable wear and tear and losses required to be restored by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets 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 risk of Tenant. Landlord or its agents shall not be liable for a period any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, *** Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED by Markit Ltd. electricity, water or rain which may leak from any part of time longer than the current Lease TermComplex or from the pipes, then 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 costs shall be allocated throughout 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 entire reletting term to not unduly reduce the amount necessity of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusivehousekeeping, but shallventilation, wherever possibleand moisture control (especially in kitchens, be cumulative with all other remedies at law or in equityjanitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. If any payment due from Tenant to Landlord hereunder is more than ten (10) days lateIn signing this Lease, Tenant shall pay 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 interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Tenant shall keep the Premises (other than those portions required to be maintained by Landlord under Section 8(b)(i) above), in good, clean and habitable condition, and shall at its sole cost and expense keep the same free of dirt, rubbish, ice 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, and any damage caused by ordinary wear and tear or Casualty. 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 the Building’s Systems, including the lighting, heating, air conditioning, life-safety, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises. All contractors and subcontractors may be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any Rent is in arrears repairs required to be made by Tenant hereunder are not commenced within thirty (30) days (such time period not being subject to the notice and cure provisions of Section 17(f)) after written notice delivered to Tenant by Landlord (which shall be given at its reasonable discretion) or are not diligently executed to completion with Tenant using commercially reasonable efforts given the circumstances, Landlord may at its option make such repairs without liability to Tenant for a period 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, provided that Landlord shall use commercially reasonable efforts to minimize interference with Tenant’s use of, or access to, the Premises. Tenant shall pay to Landlord within ten (10) days after a upon written demand as Rent hereunder, 151177627 v8 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 from Landlord to TenantTenant in the event of an emergency, or if Tenant shall fail at any time such repairs relate to keep or perform any the exterior of the covenants Premises. At the expiration or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term earlier termination of this Lease, Tenant shall surrender the Premises in as good a condition as existed on the date the Tenant Improvements are substantially completed, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Tenant covenants 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 risk of Tenant. Unless caused by the gross negligence or willful misconduct of Landlord, 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 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 good 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 DELIVERY DATE 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 the Landlord its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any deficiency arising from item of Tenant’s repair and maintenance obligations set forth herein involves a re-entry capital repair, replacement, improvement and/or a reletting of the Premises at a lesser rental than herein agreed. The equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall pay such deficiency each month as the amount provide written notice thereof is ascertained by the to Landlord. Landlord shall have an affirmative obligation shall, pursuant to use its best efforts to relet the Premises or any portion receipt of such Premisesnotice from Tenant, make such Tenant Repair Capital Item in a manner such that the Tenant Repair Capital Item to be completed by Landlord shall be similar in size, scope and specifications as the item so repaired by Landlord. Landlord and Tenant shall pay the cost for reletting including but not limited use their respective commercially reasonable efforts to discuss and come to a mutually acceptable agreement with respect to the size, scope and specifications of the Tenant Repair Capital Item; provided, however, that in no event shall the size, scope and specifications of such Tenant Repair Capital Item exceed the original size, scope and specifications of the item subject to the repair. Following completion of the Tenant Repair Capital Item, Landlord shall provide Tenant with written notice of (i) the total cost of tenant improvementssuch Tenant Repair Capital Item (“Tenant Repair Capital Item Cost”), any (ii) the estimated useful life of Landlord's reasonable attorneys' fees and such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (“Useful Life”), (iii) the real estate commission for amortization of such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any Tenant Repair Capital Item Cost over such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment Useful Life at an interest rate equal to the “prime rate” as announced from time to time by Bank of two America, N.A., plus one percent (21%) above per annum, and (iv) the Prime Rate.monthly amount due and payable by Tenant to reimburse Landlord for that portion of the amortized 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. 151177627 v8

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and 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. Landlord reserves the right to require that such obligations be performed by a contractor approved by Landlord, which approval Landlord shall not unreasonably withhold, 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 maintain or make any Rent is in arrears repairs to the Premises for a period of ten more than fifteen (1015) days after a written notice from Landlord to Tenant(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), or within such longer period of time as necessary if the repair cannot reasonably be completed within said time so long as Tenant commences such repair within such fifteen (15) days and thereafter continuously and diligently pursues completion of such repair, but in no event will such cure period be extended beyond an additional sixty (60) days, then Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall fail at any time to keep or perform any pay the reasonable out-of-pocket cost of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than repairs to Landlord within thirty (30) days after written notice thereof from Landlord (unless receipt of an invoice. At the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term expiration of this 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. Landlord or 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 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 unless due to the negligence or willful misconduct of a Landlord Party, 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 covenants 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 good to the Landlord any deficiency arising from a re-entry recommendations and/or a reletting take appropriate corrective action. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention by Tenant in connection with Tenant’s use and operation of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation are integral to use Tenant’s compliance with its best efforts to relet the Premises or any portion of such PremisesLease obligations; provided, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days latehowever, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent not be liable for leakage or seepage around windows or due to other Building construction defects (2%) above which shall remain Landlord’s obligation to cure). Tenant shall adopt and implement the Prime Ratemoisture and mold control guidelines reasonably required by Landlord.

By Tenant. If any Rent is in arrears for a period of ten (10) days after a written notice from Landlord to Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, mayshall, at its optionsole cost and expense, cancel promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease upon giving Lease, and shall keep the notice required by lawPremises in good condition and repair, and/or may reordinary wear and tear excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) the Building’s Systems exclusively serving the Premises (subject to the terms of Section 8(b)(i)); (2) Tenant’s equipment and fixtures; (3) Tenant’s signs, placards, decorations or other advertising media of any type; (4) interior painting or other treatment of exterior walls; (5) plate glass, windows, doors and other exterior openings including replacement of cracked or broken glass; (6) window and door frames, molding, closure devices, locks and hardware; (7) special store fronts, if any; and (8) the Grade-enter said Level Truck Door in good, clean and habitable condition. In addition, Tenant shall, at its sole cost and expense, keep the same free of dirt, rubbish, insects, rodents, vermin and other pests. Without limiting the coverage of the previous sentences, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of the Building’s Systems exclusively serving the Premises and Tenant’s equipment and fixtures, and also includes all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under or above the Premises, but notwithstanding such re-entry by regardless of when or how the Landlord, defect or other cause for repair or replacement occurred or became apparent. At the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term expiration of this 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 for loss or damage resulting from the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, Landlord or 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 covenants acknowledges the necessity of housekeeping, ventilation and agrees to make good moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Without limiting the generality of the foregoing, Tenant shall adopt and implement the following guidelines: (A) report any maintenance problems involving water, moist conditions or mold to the Landlord any deficiency arising from property manager for the Project (the “Property Manager”) promptly and conduct its required activities in a remanner that prevents unusual moisture conditions or mold growth; (B) do not block or inhibit the flow of return or make-entry and/or a reletting of up air into the HVAC system; (C) maintain the Premises at a lesser rental than herein agreedconsistent temperature and humidity level in accordance with the Property Manager’s instructions; (D) regularly conduct janitorial activities, especially in bathrooms, kitchens and janitorial spaces, to remove mildew and prevent or correct moist conditions; and (E) maintain water in all drain taps at all times. The In signing this Lease, Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet 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 portion of such Premisessource, including leaks), and Tenant shall pay the cost for reletting including but not limited allow Landlord to evaluate and make recommendations and/or take appropriate corrective action. Except to the cost of tenant improvements, any of extent caused by Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy ’s gross negligence or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days latewillful misconduct, Tenant shall pay relieves Landlord interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. If Tenant represents and warrants to Landlord that: (a) this Master Lease and all other documents executed or to be executed by Tenant in connection herewith have been duly authorized and shall be binding upon Tenant; (b) Tenant is duly formed, validly existing and in good standing under the laws of the State of its formation and one or both of such entities is duly authorized and qualified to perform this Master Lease within the State(s) where any Rent portion of the Premises is located; (c) neither this Master Lease nor any other document executed or to be executed by Tenant or Guarantor in arrears connection herewith violates the terms of any other agreement of Tenant; (d) all documents, plans, surveys and other data or information, including financial data and information, prepared by or on behalf of Tenant and provided by or on behalf of Tenant to Landlord in connection with the transactions contemplated in this Master Lease, including Schedule 1, are true, correct and complete in all material respects and disclose all material facts with no material omissions with respect thereto; (e) Tenant holds good and marketable title to, and the entire right, title, and interest in, the Tenant Property, free and clear of any and all leases, Liens, encumbrances, or other liabilities, except, with respect to the Excluded Tenant Property only, the Permitted Tenant Property Liens and as otherwise permitted under Section 9.2; (f) there are no Liens encumbering title to any of the Facilities arising by, through or under Tenant; (g) each Facility has available to its boundaries adequate utilities, including without limitation, adequate water supply, storm and sanitary sewage facilities, telephone, gas, electricity and fire protection, as is required for the operation of such Facility as contemplated under this Master Lease; (h) except to the extent set forth to the contrary on Schedule 4, to the best of Tenant's knowledge, the improvements at each Facility and each portion thereof (i) have been constructed in a period good and workmanlike manner, free from material defects and in material compliance with all applicable laws, and (ii) are in good condition and repair, free from material defects and in material compliance with all applicable laws and CC&R's; -17- (i) except to the extent set forth to the contrary on Schedule 4, to the best of ten Tenant's knowledge, each Facility is properly zoned for its current use and intended use hereunder, and the real property comprising each Facility and the operation and use thereof, including all boundary line adjustments to such real property, materially comply with all applicable laws including laws concerning the subdivision of real property; (10j) days after a written except to the extent set forth to the contrary on Schedule 4, to the best of Tenant's knowledge, there are not now, and have not been during Tenant's occupancy or management of the Premises prior to the Effective Date, (i) any Hazardous Materials installed or stored in or otherwise present or existing at, on, in or under any Facility, (ii) any Environmental Activities, (iii) any Hazardous Materials Claims, and (iv) any violation of any Hazardous Materials Law affecting any Facility; (k) except to the extent set forth to the contrary on Schedule 4, to the best of Tenant's knowledge, there are no soil conditions adversely affecting any Facility; (l) except to the extent set forth to the contrary on Schedule 4, Tenant has received no notice and to the best of its knowledge has no knowledge that (i) any government agency or any employee or official thereof considers that the conduct of the Business at any Facility, or the operation or use of any Facility for its current use, has failed or will fail to materially comply with any applicable law, (ii) any investigation has been commenced or is contemplated respecting any such possible or actual failure of the Business conducted at any Facility, or the operation or use of any Facility for its current use, to materially comply with any applicable law, other than routine deficiencies noted in connection with licensing surveys and inspections, each of which is or shall promptly be addressed in an appropriate plan of correction in accordance with applicable law, and (iii) there are any unsatisfied requests for repairs, restorations or alterations with regard to the any Facility from Landlord any person, entity or authority, including, any lender, insurance carrier or governmental authority, other than routine deficiencies noted in connection with licensing surveys and inspections, each of which is or shall promptly be addressed in an appropriate plan of correction in accordance with applicable law; (m) except to the extent set forth to the contrary on Schedule 4, there are no material actions, suits or proceedings pending or threatened before or by any judicial, administrative or union body, any arbiter or any governmental authority, against or affecting Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either Facility or any of such events Landlordportion thereof or the transactions contemplated by, mayor the enforceability of, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term of this Master Lease, and Tenant covenants and agrees to make good there are no existing or, to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's knowledge, proposed or threatened eminent domain or similar proceedings which would affect title or access to any Facility in any manner whatsoever; (n) Tenant or Guarantor has obtained and holds all consents, approvals, licenses, permits and other permissions related to leasing the Facilities from Landlord, operating the Facilities as contemplated under this Master Lease Tenn. No remedy and conducting the Business thereon and the other the matters and transactions contemplated herein as are required of Tenant or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If Guarantor under any payment due from Tenant applicable law; and -18- (o) Prior to Landlord hereunder is more than ten (10) days latethe Effective Date, Tenant shall pay Landlord interest on such late payment at an interest rate has been managing and operating each of two percent (2%) above the Prime RateFacilities pursuant to management or operating agreements or leases with one of the entities comprising Seller. 12.

By Tenant. Tenant shall, at its sole cost 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 in compliance with all applicable Laws and insurance requirements and in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and 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. Landlord reserves the right to 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 Rent is in arrears repairs to the Premises for a period of ten more than fifteen (1015) days after a written notice from Landlord to Tenant(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 (but without any obligation), in addition to any other remedy available to Landlord, make the repairs, and Tenant shall fail at any time to keep or perform any pay the reasonable cost of the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to five percent (unless the cure cannot reasonably be completed within such thirty (305%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term repairs. At the expiration or earlier termination of this Lease, and Tenant covenants and agrees to make good to the Landlord any deficiency arising from a re-entry and/or a reletting of shall surrender the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as in the amount thereof is ascertained condition required under this Lease, excepting reasonable wear and tear and losses required to be restored by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets 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 cost and risk of Tenant. Landlord or its agents shall not be liable for a period 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 time longer than the current Lease TermComplex or from the pipes, then 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 costs shall be allocated throughout 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 entire reletting term necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Landlord represents to not unduly reduce Tenant that Landlord has caused the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant Premises to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent (2%) above the Prime Rate.be

By Tenant. If any Rent Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the benefit of Tenant and located in arrears for a period the Premises or other portions of ten the Building or Project; (106) days after a written notice from Landlord to 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, or if Tenant shall fail at any time including related HVAC balancing; and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. Landlord reserves the right to keep or perform any of the covenants foregoing maintenance or conditions of this Lease other than repair obligations or require that such obligations be performed by a covenant 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 the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the although notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for required and the balance time period shall be shortened as Landlord determines in its sole discretion if there is an emergency, or if the area to be repaired is visible from the exterior of the Term of this LeaseBuilding), and Tenant covenants and agrees Landlord may, in addition to any other remedy available to Landlord, make good to the Landlord any deficiency arising from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premisesrepairs, and Tenant shall pay the reasonable cost for reletting including but not limited of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to five percent (5%) of the cost of tenant improvementsrepairs. At the expiration of this Lease, any of Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and losses required to be restored by Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets 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 risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable for a period 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 time longer than the current Lease TermProject or from the pipes, then 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 costs shall be allocated throughout 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 entire reletting term necessity of housekeeping, ventilation, and moisture control (especially in kitchens, janitor’s closets, bathrooms, break rooms and around outside walls) for mold prevention. Tenant agrees to not unduly reduce 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. Except to the amount extent of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy Landlord’s negligence or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days latewillful misconduct, Tenant shall pay relieves Landlord interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. Tenant shall, at its sole cost 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 in good condition and repair, 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, “Cable”) that is installed by or for the exclusive benefit of Tenant and 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; 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 in its reasonable discretion, all at Tenant’s expense OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 9 provided that any charge by Landlord for any such maintenance or repairs performed by it shall be competitively priced. All work shall be performed in accordance with the rules and procedures described in Section 8(a). If Tenant fails to make any Rent 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 arrears for a period addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the commercially 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 ten percent (10%) 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, casualty damage and losses required to be restored by Landlord. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant which is left in the Premises beyond the natural expiration date or, if applicable, in excess of ten (10) days after a written notice from Landlord to Tenant, or if Tenant shall fail at any time to keep or perform any of beyond the covenants or conditions of this Lease other than a covenant for the payment of the monthly Rent for a period of more than thirty (30) days after written notice thereof from Landlord (unless the cure cannot reasonably be completed within such thirty (30) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance of the Term earlier termination of this Lease, same shall be stored at the sole risk of Tenant. Except to the extent same results from the negligence of Landlord, Landlord or 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 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 covenants 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. To the best of Landlord’s actual knowledge without investigation, on the date of this Lease there were no hazardous mold conditions at the Premises (subject to the statement above that mold spores are present essentially everywhere). 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 good recommendations and/or take appropriate corrective action. Except to the Landlord any deficiency arising extent same results from a re-entry and/or a reletting of the Premises at a lesser rental than herein agreed. The Tenant shall pay such deficiency each month as the amount thereof is ascertained by the Landlord. Landlord shall have an affirmative obligation to use its best efforts to relet the Premises or any portion of such Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any negligence of Landlord's reasonable attorneys' fees , or Landlord’s failure to perform its maintenance obligations after applicable notice and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days latecure periods, Tenant shall pay relieves Landlord interest 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 such late payment at an interest rate the Premises. In addition, execution of two percent (2%) above the Prime Ratethis Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations.

By Tenant. If Tenant shall, at its sole cost 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 in good condition and repair, ordinary wear and tear and Casualty excepted. Tenant’s repair obligations include repairs to: (1) 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 benefit of Tenant and located in the Premises or other portions of the Building; (6) air conditioning units serving Tenant exclusively (if applicable); (7) any Rent is in arrears for a period kitchen equipment or similar facilities serving Tenant exclusively (if applicable); (8) phone rooms used exclusively by Tenant; (9) Alterations performed by contractors retained by or on behalf of ten Tenant, including related HVAC balancing; and (10) all of Tenant’s furnishings, trade fixtures, equipment and personal property. If Tenant fails to commence any such needed repairs within five (5) days after a of Landlord’s written notice from request, Landlord reserves the right to Tenant, or if Tenant shall fail at any time to keep or perform any of the covenants foregoing maintenance or conditions of this Lease repair obligations (other than with respect to subsection (10)) or require that such obligations be performed by a covenant 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 8(a), except that any repairs in the ordinary course constituting Permitted Alterations shall not require prior notice to Landlord or Landlord’s prior consent thereto. 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 payment area to be repaired is visible from the exterior of the monthly Rent for a period Project), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of more than the repairs to Landlord within thirty (30) days after written notice thereof from Landlord receipt of an invoice, together with an administrative charge in an amount equal to ten percent (unless the cure cannot reasonably be completed within such thirty (3010%) day period, and Tenant commences to cure such default within such thirty (30) day cure period and diligently pursues such cure to completion), then, and in either or any of such events Landlord, may, at its option, cancel this Lease upon giving the notice required by law, and/or may re-enter said Premises, but notwithstanding such re-entry by the Landlord, the liability of the Tenant for the Rent provided for herein shall not be extinguished for the balance cost of the Term repairs. At the expiration or sooner termination of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and Tenant covenants tear and agrees losses required to make good 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 liable under any deficiency arising circumstances for any loss or damage to persons or property resulting from a re-entry and/or a reletting fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises at 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 Xxxxxx’s sole recourse in the event of any such loss, injury or damage will be to file a lesser rental than herein agreedclaim on the insurance policies that Tenant is required to maintain pursuant to Section 11(a). The 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 pay such deficiency each month as promptly report any maintenance problems involving water, moist conditions or mold to the amount thereof is ascertained by property manager for the LandlordProject (the “Property Manager”), and shall conduct its activities in the Building in a manner that prevents unusual moisture conditions or mold growth. Landlord shall have an affirmative obligation to use its best efforts to relet In signing this Lease, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Tenant relieves Landlord from any portion liability for any bodily injury or damages to property caused by or associated with moisture or the growth of such or occurrence of mold or mildew on the Premises, and Tenant shall pay the cost for reletting including but not limited to the cost of tenant improvements, any of Landlord's reasonable attorneys' fees and the real estate commission for such reletting. If Landlord relets for a period of time longer than the current Lease Term, then any such costs shall be allocated throughout the entire reletting term to not unduly reduce the amount of consideration received by Landlord during the remaining period of Tenant's Lease Tenn. No remedy or election by Landlord hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other remedies at law or in equity. If any payment due from Tenant to Landlord hereunder is more than ten (10) days late, Tenant shall pay Landlord interest on such late payment at an interest rate of two percent (2%) above the Prime Rate.