Common use of By Tenant Clause in Contracts

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

By Tenant. Tenant shall act with care keep the Premises in good, clean and habitable condition and shall at its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expenseexpense keep the same free of dirt, shall 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. Without limiting the coverage of the previous sentence, but subject to the Leased limitation set forth in the following sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Premises, structural regardless of when or otherwise, necessitated how the defect or caused by the acts, omissions other cause for repair or negligence of Tenant replacement occurred or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises became apparent. All repairs by Tenant or any such Person; however shall conform, at a minimum, to the foregoing provisions of this subsection Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord from time to time. All contractors and subcontractors shall be subject to Landlord’s written approval in accordance with Section 8(b)(iii). If any repairs required to be made by Tenant hereunder are not made or commenced within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 1317(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, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors. Without affecting 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's . Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Tenant shall surrender the Premises in good condition, excepting reasonable wear and tear and casualties not required to be repaired by Tenant. If Landlord elects to store any personal property of Tenant, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, same shall be stored at the sole 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 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. TENANT RELIEVES LANDLORD FROM ANY LIABILITY FOR ANY BODILY INJURY OR DAMAGES TO PROPERTY CAUSED BY OR ASSOCIATED WITH MOISTURE OR THE GROWTH OF OR OCCURRENCE OF MOLD OR MILDEW ON THE PREMISES, UNLESS SAME IS IN EXISTENCE ON THE DATE OF THIS LEASE OR IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD, ITS EMPLOYEES, AGENTS OR CONTRACTORS. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Notwithstanding Tenant’s repair and maintenance obligations pursuant to this Section 8(b)(ii), if any item of Tenant’s repair and maintenance obligations set forth in herein involves a capital repair, replacement, improvement and/or equipment under generally accepted accounting principles consistently applied (“Tenant Repair Capital Item”), Tenant shall provide written notice thereof to Landlord. Landlord shall, pursuant to the preceding sentence, receipt of such notice from Tenant, at Tenant's sole cost make such Tenant Repair Capital Item, and expensefollowing completion thereof, shall also provide Tenant with written notice of (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf the total cost of such Tenant or any Person claiming through or under TenantRepair Capital Item (“Tenant Repair Capital Item Cost”), (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems the estimated useful life of such Tenant Repair Capital Item per generally accepted accounting principles consistently applied (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others“Useful Life”), (iii) perform all maintenance and make all repairs and replacements, as and when necessary, the amortization of such Tenant Repair Capital Item Cost over such Useful Life at an interest rate equal to the antennas and satellite dishes installed “prime rate” as announced from time to time by Tenant on the roof Bank of the Building and make all repairs to the roof caused by such installationAmerica, N.A., plus one percent (1%) per annum, and (iv) perform regular cleaning the monthly amount due and janitorial services in the double-secured areas payable by Tenant to reimburse Landlord for that portion of the Leased Premises. However, except as otherwise provided in this Lease, amortized Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition Repair Capital Item Cost applicable to the foregoingremainder of the Lease Term, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused which monthly amount shall be paid by Tenant moving property in or out to Landlord concurrently with the payment by Tenant to Landlord of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsmonthly Base Rent.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein andshall, at Tenant's sole its own cost and expense, shall make keep and maintain all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy parts of the Leased Premises by Tenant or any such Person; however (except those for which Landlord is expressly responsible under the foregoing provisions terms of this subsection shall Lease) and Fixtures in good condition, excepting reasonable wear and tear and casualty losses required to be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, restored by Landlord as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to Without limiting the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out coverage of the Building or by installation or previous sentence, it is understood that Tenant's responsibilities include the repair and replacement in accordance with all applicable Laws of all windows, glass and plate-glass, doors, any special office entries, interior walls and finish work, floor coverings, dock doors, dock boards, truck doors, dock bumpers, and all lighting, heating, air conditioning, ventilation, 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, pest extermination, regular removal of furnituretrash and debris, fixtures or other property and keeping the whole of the Premises in a clean and sanitary condition. All repairs by Tenant shall be repairedcomparable in quality to the condition of the Premises or the Fixtures, restored as applicable, as of the commencement of the Term or, with respect to improvements made or replaced promptly constructed by TenantTenant after commencement of the Term, the completion date of such improvements. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord, Landlord may at its sole option make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs, unless caused by the gross negligence or willful misconduct of Landlord, its employees, agents or contractors, and Tenant shall pay to Landlord within ten (10) business days after demand (with documentation verifying the nature and cost and expenseof such repairs), as Additional Rent hereunder, the cost of such repairs. Landlord shall have the right to make such repairs without notice to Tenant in the event of an emergency, or if such repairs relate to the reasonable satisfaction exterior of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsPremises.

By Tenant. Tenant will make no changes, alterations, or improvements affecting the exterior of the Demised Premises or the structure of the Building within which the Demised Premises are located. Provided that Tenant is not then in default under this Lease, Tenant may from time to time, at its own expense and upon compliance with the requirements of Section 6.2, alter, renovate or improve the interior of the Demised Premises. All such work will be performed in a good and workmanlike manner; in accordance with accepted building practices and applicable laws, including, but not limited to, building codes and zoning ordinances; and so as not to weaken or impair the strength or lessen the value of the Building in which the Demised Premises are located. Prior to commencement of all such work, Tenant shall act with care in its use and occupancy obtain Landlord's prior written approval of the Leased Premises plans and the fixtures therein and, at specifications therefor ("Tenant's sole cost Plans") and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also either (i) make all repairs arrange for Landlord to perform the work on terms and replacements, as conditions acceptable to Landlord and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, each in its sole discretion or (ii) bid the project out to contractors approved by Landlord in writing in advance (which approval shall not be unreasonably withheld). Tenant shall provide Landlord with a copy of the information submitted to bidders at such time as the bidders receive their copy. Regardless of the contractors who perform all maintenance the work pursuant to the above, Tenant shall pay Landlord on demand prior to or during the course of such construction an amount (the "Alteration Operations Fee") equal to five percent (5%) of the total cost of the work being performed (and make all repairs for purposes of calculating the Alteration Operations Fee, such cost shall include architectural and replacementsengineering fees, but shall not include permit fees) as compensation to Landlord for Landlord's internal review of Tenant's Plans and when necessarygeneral oversight of the construction (which oversight shall be solely for the benefit of Landlord and shall in no event be a substitute for Tenant's obligation to retain such project management or other services as shall be necessary to ensure that the work is performed properly and in accordance with the requirements of this Lease). Tenant shall also reimburse Landlord for Landlord's expenses such as electrical energy consumed in connection with the work, freight elevator operation, additional cleaning expenses, additional security services, fees and charges paid to any air-conditioning equipmentthird party architects, private elevatorsengineers and other consultants for review of the work and the plans and specifications with respect thereto and to monitor contractor compliance with Building construction requirements, escalators, conveyors or mechanical systems (and for other than miscellaneous costs incurred by Landlord as result of the standard equipment and systems serving the Building) which may be installed work. Default by Tenant in the Leased Premisespayment of any sums agreed to be paid by Txxxxx for or in connection with any work performed pursuant to this Section 7.2 (regardless of whether such agreement is pursuant to this Section 7.2 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of Rent hereunder. Any alterations, or elsewhere in the Building and serving the Leased Premisesincluding, by Landlordwithout limitation, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, moveable partitions that are affixed to the antennas Demised Premises (but excluding moveable, free standing partitions) and satellite dishes installed by Tenant on the roof all carpeting, shall at once become part of the Building and make all the property of Landlord. In no event shall any alterations or repairs made by, or on behalf of, Tenant be deemed to be performed by Txxxxx as an agent of Landlord. Further, nothing contained in this Lease will be deemed the roof caused by such installation, and (iv) perform regular cleaning and janitorial services consent or agreement of Landlord to subject Landlord's interest in the double-secured areas Demised Premises or the Project to liability under any mechanics' or other lien law as a result of work performed by, or on behalf of, Txxxxx. Tenant shall comply with Lxxxxxxx's reasonable procedures (as such procedures may be reasonably modified by Landlord from time to time) for ensuring Tenant's timely payment of sums due to mechanics, materialmen and suppliers performing work on any alteration or repair so as to avoid any liens being filed against the Demised Premises or the Project. Tenant shall give Landlord not less than ten (10) business days prior written notice of the Leased date the construction of any alteration is to commence. Landlord may post and record an appropriate notice of non-responsibility with respect to any alteration and Tenant shall maintain any such notices posted by Landlord in or on the Demised Premises. However, except as otherwise provided in this Lease, Tenant shall not have Lxxxxxxx's sole election any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage alterations made for or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, removed by Tenant from the Demised Premises at the expiration or sooner termination of this Lease and the Demised Premises shall be restored or replaced promptly by Tenant, at its sole cost and expense, Tenant to their condition prior to the reasonable satisfaction making of Landlordthe alterations, ordinary wear and tear excepted. All such aforesaid repairs, The removal of the alterations and the restoration and replacements of the Premises shall be performed by a general contractor selected by Txxxxx and approved by Landlord, in quality which event Tenant shall pay the general contractor's fees and class equal costs in connection with such work. Any separate work letter or other agreement which is hereafter entered into between Landlord and Tenant pertaining to alterations shall be deemed to automatically incorporate the original work or installation but in no event need exceed Building standardsterms of this Lease without the necessity for further reference thereto.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at Tenant's ’s sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's ’s obligations set forth in the preceding sentence, Tenant, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's ’s Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standards.

By Tenant. Tenant shall act with care agrees to indemnify, defend and hold Landlord, its officers, partners, members, agents, affiliates, management company, concessionaires and employees, harmless against any and all liabilities, claims, demands, damages, costs, and expenses, including reasonable attorneys’ fees arising in connection with: the conduct or management of Tenant’s business in the Premises or Facility or its use and occupancy for any reason of the Leased Premises or Facility; any failure on the part of Tenant to observe, perform or comply with any terms, covenants or conditions of this Lease; any act or negligence of Tenant, its officers, agents, contractors, employees, subtenants, or invitees in or about the Premises or the Building; or loss of life, personal injury or damage to Facility caused to any person on or about the Premises. In case of any action or proceeding brought against Landlord by reason of any such claim, Tenant, on notice from Landlord, agrees to defend the action or proceeding with counsel reasonably acceptable to Landlord, or at the election of Landlord to pay all attorney’s fees and costs incurred by Landlord in connection with any of the fixtures therein andforegoing matters. Without limiting the foregoing or any other waivers in favor of Landlord set forth in this Lease, Tenant will forever release and hold Landlord harmless from all claims arising out of damage to Tenant’s property unless such damage occurs as a result of Landlord’s grossly negligent and deliberate failure to make repairs required by this Lease within a reasonable time after having received written notice of the need for such repair, and in no event shall Landlord be liable for damage to Tenant’s property which is or could have been insured against by Tenant under commonly available insurance policies. In case any such claim, action or proceeding for which Landlord is indemnified is brought against Landlord, upon notice from Landlord and at Tenant's ’s sole cost and expense, Tenant shall make all repairs resist or defend such claim, action or proceeding or shall cause it to be resisted or defended by an insurer. The indemnifications and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations releases set forth in this Paragraph 13.01 shall survive the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures expiration or other property by Tenant shall be repaired, restored termination or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction other termination of Landlord. All such aforesaid repairs, restoration and replacements shall be in quality and class equal to the original work or installation but in no event need exceed Building standardsthis lease.

By Tenant. Tenant shall, at its expense, throughout the term of this Lease, take good care of the Premises, the fixtures and appurtenances therein and Tenant's Property. Tenant shall act with care be responsible for all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, in its use and occupancy of to the Leased Premises and the fixtures therein andBuilding and the facilities and systems thereof, at the need for which arises out of (a) the performance or existence of Tenant's sole cost and expensework or alterations; (b) the installation, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner operation of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth property in the preceding sentence, Tenant, at Premises; (e) the moving of Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building Building; or by installation (d) the act, omission, misuse, or removal neglect of furnitureTenant or any of its subtenants or its or their employees, fixtures agents, contractors or other property by Tenant shall be repaired, restored or replaced promptly by invitees. Tenant, at its sole cost and expense, shall promptly replace all scratched, damaged, or broken doors and glass in and about the Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures therein. Tenant shall promptly make, at Tenant's expense, all repairs in or to the reasonable satisfaction Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air conditioning, or other systems of the Building shall be performed only by contractor(s) designated by Landlord. All such aforesaid repairs, restoration and replacements repairs shall be performed at such times and in quality such manner as shall cause the least interference with the operation of the central systems of the Building and class equal the use of the Building by other occupants. Any such repairs shall be subject to the original work supervision and control of Landlord for which Landlord may charge Tenant a reasonable fee. Any other repairs in Building or installation but in no event need exceed to the Building standardsfacilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense.

By Tenant. Tenant shall act with care in its use and occupancy of the Leased Premises and the fixtures therein and, at At Tenant's ’s sole cost and expense, shall make all repairs Tenant hereby expressly assumes responsibility to maintain the Leased Premises (including without limitation the roof, structural portion of the Premises, exterior walls, Building systems, landscaped areas and replacements the Parking Area) in a clean, operable, attractive condition, and will not commit or allow to remain any waste or damage to any portion of the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, TenantAdditionally, at Tenant's ’s sole cost and expense, shall also (i) make all repairs and replacementssubject to Landlord’s reasonable direction, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installationsupervision, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Leaserequirements, Tenant shall not have cause the repair or replacement of any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by any Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of LandlordRelated Party. All such aforesaid repairs, restoration and repairs and/or replacements shall be effected (a) in quality compliance with all Legal Requirements; (b) in a manner that will not void or affect any contractor’s or manufacturer’s warranties; (c) in a good and class equal workmanlike manner and (d) by contractors approved by Landlord. If Tenant becomes aware of any need for repair or replacement of damage with respect to the original work Leased Premises caused by any Tenant Related Party, Tenant shall immediately notify Landlord thereof. If Landlord becomes aware (by notice from Tenant or installation but otherwise) of any need for repair or replacement of damage to the Complex caused by any Tenant Related Party, Landlord shall so notify Tenant in no writing. In either event, Tenant shall cause all such repairs and/or replacements to be completed within thirty (30) days thereafter; provided, however, if such repairs or replacements cannot be completed within such thirty (30) day period, Tenant shall cause such repairs or replacements to be commenced within thirty (30) days after such notice and pursued diligently and promptly to satisfactory completion. In the event need exceed Building standardsTenant does not cause such repairs or replacements to be timely commenced and diligently pursued to completion, such shall be an Event of Default as provided in Section 22.1(b) and, without waiving or curing such Event of Default, Landlord may cause such repairs and/or replacement to be made at Tenant’s expense. Upon written demand, Tenant shall pay to Landlord all reasonable costs and expenses paid or incurred by Landlord in making such repairs and/or replacements, together with interest on such amounts.

By Tenant. Tenant shall act with care in its use and occupancy of keep the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence Loading Dock (unless it is used in common with other tenants of Tenant or any Person claiming through or under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant's Special Installations and to any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant, (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air-conditioning equipment, private elevators, escalators, conveyors or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premisesgood, or elsewhere in the Building clean and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance habitable condition and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof of the Building and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premises. However, except as otherwise provided in this Lease, Tenant shall not have any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property by Tenant shall be repaired, restored or replaced promptly by Tenant, 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. Without limiting the coverage of the previous sentence, it is understood that Tenant’s responsibilities therein include the repair and replacement in accordance with all applicable Laws of all lighting, heating, air conditioning, plumbing and other electrical, mechanical and electromotive installation, equipment and fixtures and also include all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in or otherwise exclusively serving the Premises, regardless of when or how the defect or other cause for repair or replacement occurred or became apparent, provided that Tenant shall have no obligation to repair or replace any item where the damage was caused by the gross negligence or willful misconduct of Landlord or other tenant of Complex. 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 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. If any repairs required to be made by Tenant hereunder are not made within ten (10) days after written notice delivered to Tenant by Landlord (such time period not being subject to the notice and cure provisions of Section 17(f)), Landlord, after providing notice to Tenant of the same, 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 within ten (10) days of Landlord’s demand, as Rent hereunder, the cost of such repairs plus interest at the Default Rate, such interest to accrue continuously from the date of payment by Landlord until repayment by Tenant. Notwithstanding the foregoing, Landlord shall have the right to make such repairs without notice to Tenant in the event of an actual or apparent emergency, or if such repairs relate to the exterior of the Premises. At the expiration of this Lease, Xxxxxx shall surrender the Premises in good condition, excepting reasonable satisfaction of wear and tear and losses required to be restored by Landlord. All such aforesaid repairspersonal property of Tenant, restoration including goods, wares, merchandise, inventory, trade fixtures and replacements 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, 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 quality most any moist location. Emphasis is properly placed on prevention of moisture and class equal 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, Xxxxxx has first inspected the Premises and certifies that it has not observed mold, mildew or moisture within the Premises. Xxxxxx 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 original work growth of or installation but in no event need exceed Building standardsoccurrence of mold or mildew on the Premises. In addition, execution of this Lease constitutes acknowledgement by Tenant that control of moisture and mold prevention are integral to its Lease obligations. Tenant shall adopt and implement the moisture and mold control guidelines set forth on Exhibit L attached hereto.

By Tenant. Tenant shall act with care in its use and occupancy Except for those portions of the Leased Premises and the fixtures therein and, at Tenant's sole cost and expense, shall make all repairs and replacements to the Leased Premises, structural or otherwise, necessitated or caused by the acts, omissions or negligence of Tenant or any Person claiming through or Building for which Landlord is responsible under Tenant or by the use or occupancy or manner of use or occupancy of the Leased Premises by Tenant or any such Person; however the foregoing provisions of this subsection shall be subject to the provisions of Section 13. Without affecting Tenant's obligations set forth in the preceding sentence9.1, Tenant, at Tenant's sole cost and expense, shall also at all times keep all portions of the Premises in good order, condition and repair (i) make all repairs and including replacements, as and when necessary), to Tenant's Special Installations including, without limitation, all plate glass, show cases, non-structural storefront parts and to any Alterations made or performed by or on behalf moldings, doors, door jams, door closers, door hardware, fixtures, equipment and appurtenances thereof, floors, partitions and surfaces of Tenant or any Person claiming through or under Tenantinterior walls, (ii) perform ceilings all maintenance electrical, lighting, heating, plumbing and make all repairs sprinkler systems, fixtures and replacements, as and when necessary, to any air-conditioning equipment, private elevatorsHVAC, escalatorsenergy management systems, conveyors utility and communication services, all satellite hardware, wiring and connections, alarm and other systems within the walls, slabs, ceilings or mechanical systems (other than the standard equipment and systems serving the Building) which may be installed in the Leased Premises, or elsewhere in the Building and serving the Leased Premises, by Landlord, Tenant or others, (iii) perform all maintenance and make all repairs and replacements, as and when necessary, to the antennas and satellite dishes installed by Tenant on the roof interior of the Building Premises and make all repairs to the roof caused by such installation, and (iv) perform regular cleaning and janitorial services in the double-secured areas of the Leased Premisesother maintenance not specifically listed above as Landlord's Repairs. However, except as otherwise provided in this Lease, Tenant shall not have also be responsible for the repair of any right to install air-conditioning equipment, elevators, escalators, conveyors or mechanical systems. In addition to the foregoing, and all damage or injury to the Leased Premises and to its fixtures, appurtenances and equipment or caused to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out any other portion of the Building Shopping Center by any act, neglect or by installation omission of Tenant or removal its employees, agents, invitees, licensees, contractors or subtenants; the repair of furniture, fixtures or other property by Tenant any such damage shall be repaired, restored or replaced promptly made by Landlord at Tenant, at its sole 's cost and expense, and Tenant shall reimburse to Landlord all such costs and expenses, together with the reasonable satisfaction Management Fee calculated as a percentage of Landlordthe amount thereof, within ten (10) days after submission by Landlord to Tenant of a statement of the amount thereof. All At Tenant's expense, Tenant shall maintain in force a service and preventive maintenance contract with an authorized HVAC service company covering all heating, ventilation and air conditioning equipment serving the Premises, and shall provide Landlord with a copy thereof prior to commencement of the Term, unless Landlord elects to obtain such aforesaid repairsa contract for the entire Building, restoration and replacements or for any larger portion of the Shopping Center, in which event Tenant shall not be required to maintain such contract but shall be in quality required to reimburse Landlord for Tenant's pro rata share of the cost of such contract. Tenant's pro rata share shall be determined by multiplying the total cost thereof by a fraction, the numerator of which is the Gross Leasable Area of the Premises and class equal the denominator of which is the Gross Leasable Area of the Building, or any such larger portion of the Shopping Center to which the original work or installation but in no event need exceed Building standardscontract applies. Tenant shall use Landlord's roofing company to make all roof penetrations so as not to void Landlord's roof warranty.