Common use of Common Area Maintenance Clause in Contracts

Common Area Maintenance. (a) Landlord shall provide all maintenance, repairs and replacements to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) Landlord shall provide all maintenanceLessor agrees to furnish routine repair and maintenance for the Building roof, exterior walls, and structural members as well as routine cleaning, repairs and replacements maintenance for all Common Areas and Service Areas of the Building in the manner and to all common areas external the extent deemed by Lessor to be standard. Lessor shall supply hot and cold water at those points of supply provided for general use of other Lessees In the Building, central heat and air conditioning in season, at such temperatures and in such amounts as are considered by Lessor to be standard or as required by governmental authority; provided, however, heating and air conditioning service at time other than for 'Normal Business Hours" for the roof Building (which are 6:30 a.m. to 7:30 p.m. on Mondays through Fridays and structure 8:00 a.m. to 2:00 p.m. on Saturdays, exclusive of normal business holidays),shall be furnished only upon written request of Lessee delivered to Lessor prior to 3:00 p.m. at least three days in advance of the Buildingdate such usage is requested. Lessee shall bear the entire cost of such additional service as such costs are determined by Lessor from time to time. Subject to the provisions of Paragraph 13, Lessor shall also provide facilities to provide all electrical current required by Lessee in its use and occupancy of the Premises. The cost failure by Lessor to any extent to furnish or the interruption or termination of same shall be included these defined services in whole or in part, resulting from causes beyond the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct reasonable control of Landlord or its employees, in which case such cost Lessor shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be render Lessor liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to respect nor be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be construed as an eviction or disturbance of Tenant’s use and possession of the Leased SpaceLessee, render Landlord liable to Tenant, authorize nor work an abatement of rent, nor relieve Tenant Lessee from performance the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used In the provision of such services for any cause cease to function properly, Lessee shall have no claim for offset or abatement of rent or damages on account of an interruption In service occasioned thereby or resulting therefrom unless Lessor fails to use its obligations under this Lease, or result best effort to restore such interruption in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereofservice.

Common Area Maintenance. The Lessor shall maintain the parking area substantially as shown on “Exhibit A.” The purpose of the site plan attached hereto as “Exhibit A” is to show the approximated location of the building, parking area and other common areas. The Lessor reserves the right at any time to relocate any building, parking area or common areas shown on said site plan. The Lessor also reserves the right to construct other buildings or improvements in the office/warehouse complex from time to time and to make alterations thereof or additions thereto. All Automobile parking areas, driveways, entrances and exits thereto, and other facilities furnished by Lessor in or near the office/warehouse complex, including sidewalks and ramps, landscaped areas and other areas and improvements provided by Lessor for the general use in common, of Lessee, Lessee’s officers, agents, employees, and customers, shall at all times be subject to the exclusive control and management of Lessor and Lessor shall have the right (a) Landlord shall provide all maintenancefrom time to time to establish, repairs modify and replacements enforce reasonable rules and regulations with respect to all facilities and areas mentioned in this article, Lessor shall have the right to construct, maintain and operate lighting facilities on all said areas and improvements; to police the same; from time to time to change the area, level locations and arrangement arrangement of parking areas and other facilities hereinabove referred to; to close all or any portion of said areas or facilities to such extent as may, in the opinion of Lessor’s counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any person or the public therein; to close temporarily all or any portion of the parking areas or facilities; to discourage noncustomer parking; and to do and perform such other acts in and to said areas and improvements as, in the use of good business judgment, the Lessor shall determine to be advisable with a view to the improvement of the convenience and use thereof by Lessee, Lessee’s officers, agents, employees and customers. Lessor will operate and maintain, at Lessor’s sole cost and expense, the common facilities referred to above in such manner as Lessor, in its sole discretion, shall determine from tine to time. Without limiting the scope of such discretion, Lessor shall have the full right and authority to employ all personnel and to make all rules and regulations pertaining to and necessary for the proper operation and maintenance of the common areas external and facilities. Notwithstanding anything herein to the Buildingcontrary. Lessor shall keep the parking area properly cleaned, striped, lighted and repaired during the roof term of this Lease and structure any option periods. Lessee and Lessee’s employees shall park their cars only in those portions of the Buildingparking area designated for that purpose by Lessor. The cost Lessee and Lessor agree that Lessor shall determine on an annual basis the expenses necessary to operate the common areas of same the office/warehouse complex, including the expenses of providing refuse service thereto. Upon such calculation, Lessor shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employeesnotify Lessee, in which case such cost shall not be included as part writing, of Lessee’s prorata share of the Operating Expenses but cost and expenses which shall be paid by Landlord (without prejudice to Landlord’s right to recover same from in monthly installments on the responsible party). Any such maintenance, replacements or repairs first day of each and any labor performed or materials furnished by or upon every calendar month simultaneous with the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expensesrental payments. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) At the sole expense of Tenant, and to be ----------------------- included as Operating Costs as described in Paragraph 3.4, Landlord shall provide all maintenancebe responsible for and shall maintain in good condition and repair the parking lot, repairs paving, landscaping and replacements to all other common areas external to of the Buildingbuilding, and Landlord shall be responsible for snow and ice removal from the roof parking lot, paving and structure sidewalks. Landlord shall not be required to make any repairs necessitated by reason of the Building. The cost any act or omission by Tenant, its employees, agents, licensees or invitees, all of same whom shall be included in the Operating Expenses term "Tenant" for purposes of this subsection. If any repairs necessitated by reason of any act or omission by Tenant are required then, if Landlord chooses to do so, Landlord may make repairs and Tenant agrees promptly upon demand to reimburse Landlord for the extent provided in Section 3(a)(iii) unless full costs thereof, or, at its option, Landlord may notify Tenant of the necessity for such repairs, and Tenant shall repair or commence the foregoing arises from the gross negligence or willful and wanton misconduct repairs within fifteen (15) days of Landlord or its employees, in which case receipt of such cost shall not be included as part of the Operating Expenses but notice at Tenant's expense to Landlord's reasonable satisfaction. No liability shall be paid imposed on Landlord because of any damage to personal property or any injury, or because of any interference with the services and facilities listed above, caused by Landlord (without prejudice to accidents or repairs, riots, strikes or any other reason beyond the control of Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in under no duty to restore any of such services and facilities or to make any of the repairs for which Landlord is obligated, except after receipt of written notice from Tenant of a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Associationneed therefor. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such have a reasonable period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility within which to be provided by the Associationcommence such work. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.

Common Area Maintenance. Lessee shall pay Lessor, as additional rental, Lessee's Percentage (as defined below) of all costs of operating and maintaining the common areas applicable to the term of this Lease, including, but not limited to, parking lot and street lighting; repairs and maintenance to the parking lot, including cleaning and striping, snow and ice removal; the costs and expenses of maintaining the landscaped areas (including grass cutting, planting, fertilizer, replacing flowers and shrubbery, and repairs and maintenance to the lawn sprinklers, if any); and electricity, water, and sewer charges for the common areas. Such payment shall be made by Lessee within ten (10) days after receipt of a statement showing the amount due. "Lessee's Percentage" shall be that fraction (expressed as a percentage), the numerator of which is the space in the Premises and the denominator of which is all of Lessor's space in the Project. Notwithstanding anything to the contrary in the description of common area maintenance expenses described above, such expenses shall not include: (a) Landlord shall provide all maintenance, repairs costs and replacements to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity expenditures for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s Lessor has a right to recover same from the responsible party). Any such maintenancebe reimbursed, replacements whether by insurance proceeds or repairs and any labor performed or materials furnished otherwise, except through Additional Rent payments by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses.tenants: (b) Unless otherwise agreed with Tenant in writingcosts for repairs or other work occasioned by fire, Landlord agrees that all maintenance to windstorm or other casualty for which insurance would at the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit time of lots such casualty customarily be carried by a prudent Lessor in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation metropolitan area of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association.Nashville; (c) In costs of improvements to leasable space in the Project; (d) costs of relocating any tenant; (e) costs of capital improvements or capital expenditures (except any capital expenditures made or installed for the purpose of reducing common area maintenance expenses - only to the lesser of (x) the extent of such reductions actually achieved (without regard to the "useful life" of such capital expenditure), or (y) the amortization of the capital expenditure over its useful life; (f) depreciation and amortization; (g) interest, points and fees, on debt or amortization on or for any mortgages encumbering the property, or any part thereof, and all principal, escrow deposits and other sums paid on or in respect to any indebtedness (whether or not secured by a mortgage lien) and on any equity participations of any lender, lessor or tenant, and all costs incurred in connection with any financing, refinancing or syndication of the Project or building, or any part thereof; (h) all costs relating to activities for the solicitation and execution of leases of space in the Project, including but not limited to tenant allowances, space planning fees, legal fees for preparing leases and amendments to leases, rent payable with respect to any leasing office, advertising costs and real estate brokerage and leasing commissions; (i) expenses incurred in enforcing obligations of other tenants of the Project; (j) costs of decorating, redecorating, or special cleaning of tenant spaces not provided on a regular basis to all tenants of the Project; (k) wages, salaries, fees and fringe benefits paid to executive personnel, officers or partners of Lessor; (l) The cost of abatement of pollutants and/or hazardous substances or materials; (m) Fines and/or penalties incurred due to non-compliance by Lessor or the building or any other tenant in the Project, with any law, governmental rule or regulation or directive of any governmental authority; (n) The costs and expenses to Lessor in curing its defaults or performing work expressly provided in the Lease to be borne at Lessor's expense; (o) the cost and expenses of correcting defects in equipment in for or of the Premises, building or Project, or in the construction of the building or defects in any other improvements on the Project (as distinguished from repairs thereof in the ordinary course of business due to normal aging of the equipment, building or the other improvement); (p) the cost of any work or service performed for any facility other than the Project and the Project systems; (q) Any costs representing an amount paid to a person, firm, corporation or other entity related to Lessor, or Lessor's management company, which is in excess of the amount which would have been paid in the absence of a judgment such relationship; (r) any and all costs related to Hazardous Substances except to the contraryextent caused by Lessee. In no event shall the Lessee's portion of common area maintenance during the first year of the Lease Term exceed $0.10 per square foot, and in no event shall Lessee's portion of common area maintenance expenses for any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession subsequent year increase by more than 5% over Lessee's share of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereofcommon area maintenance expenses for the preceding year.

Common Area Maintenance. (a) Landlord shall provide all maintenance, repairs and replacements to the common areas of the Building if the Building is a multi-tenant Building, and to all common areas external to the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises (a) from the gross negligence or willful and wanton misconduct of Landlord or its employees or, subject to Section 3(a)(iii)(i) , by any other tenant of the Building or such tenant's agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s 's right to recover same from the responsible party), or (b) from the negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “"triple net” " lease, with Minimum Annual Rent rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s 's use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s 's exercise of its rights under Section 42 hereof.

Common Area Maintenance. (a) Landlord agrees that it will properly maintain and operate the Common Areas, as hereinafter defined, and shall keep same in good order and condition and maintain existing lighting. The obligation of the Landlord shall provide consist of the prompt repairing, re-striping, repaving, resurfacing and resealing, when required, of the Common Areas, the maintenance and repair of all maintenancecurbing and directional marker, repairs the prompt removal of snow and replacements to ice, landscaping, common area utility usage, and maintaining existing lighting during all common areas external hours of darkness that Tenant shall be open for business. Landlord will also assume responsibility for the maintenance of any property boundary walls and catch basins in the parking lot. Any trash removal costs for the Common Areas shall not include any costs attributable to the Building, and the roof and structure removal of trash of any tenant in the Building. The cost of same Common Areas shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity defined as all Building sidewalks, ramps, paved parking areas, paved service areas, signs, lighting/and all means of ingress, egress, acceleration, deceleration and circulation for the foregoing arises from the gross negligence or willful aforesaid parking and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part service areas of the Operating Expenses but shall be paid Building to and from public streets and roadways bordering the Building now or hereafter made available or maintained by Landlord (without prejudice to Landlord’s right to recover same from in connection with the responsible party)Building. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon All of the direction aforesaid obligations of Landlord shall be performed in a accordance with good and workmanlike manneraccepted shopping center practices throughout the term, using only materials Landlord recognizing that the Common Areas must be available, in good order and condition, to serve Tenant's customers, employees and vendors. Provided Landlord complies with the provisions of at least this Article, Tenant agrees to pay to Landlord its proportionate share of the same quality Common Area Maintenance ("CAM") costs incurred by Landlord in fulfilling its obligations and integrity as that being repaired for no other costs. CAM costs will not include any management, administrative, accounting, data processing or replacedaudit fees; and will not include capital expenditures or capital improvements made by Landlord to the Common Areas. Any sum payable to Landlord under this Article shall be paid by Tenant within thirty (30) days, and performed and furnished in compliance with all applicable lawsbut not more than twice annually, regulationsafter receipt from Landlord of demand therefor, ordinances and requirements accompanied by detailed documentation, including copies of all duly constituted authorities or governmental bodies having jurisdiction over the Building, receipted bills and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is by a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of a judgment to the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance computation of Tenant’s use and possession of the Leased Space, render Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof's percentage share.

Common Area Maintenance. (a) Landlord shall provide make available from time to time within the Property such Common Areas (including, but not limited to, parking areas, driveways, truckways, delivery passages, common truckloading areas, access and egress passages, walkways and sidewalks) as Landlord shall deem appropriate. Landlord shall operate, manage, equip, light, repair and maintain such Common Areas and landscaped areas for their intended purposes, all maintenancein such a manner as Landlord shall, repairs in its sole discretion, determine, keeping all parking areas clean and replacements to all common areas external to reasonably free of snow and ice. Landlord shall also maintain the exterior and structural components of the Property and the Building, and the roof and structure of the Building. The cost of same shall be included in the Operating Expenses including but not limited to the extent provided in Section 3(a)(iii) unless roofs, any common HVAC equipment (but excluding the necessity for HVAC equipment exclusively serving the foregoing arises from Demised Premises), the gross negligence or willful and wanton misconduct of Landlord or its employeesexterior walls, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenancefoundation, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replacedgutters, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance utility services extending to the common areas external service connection to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the AssociationDemised Premises. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages for any inconvenience or otherwise for temporary delay interruption of business or failure in furnishing other consequences resulting from the making of repairs, replacements, improvements, alterations or additions, or from the doing of any service other work to or facility to be provided by upon any such Common Areas or elsewhere on the Association. (c) In the absence of a judgment to the contraryProperty, in no event shall any or from delay or failure to provide perform such maintenance or other work with respect to such areas where such delay or failure is attributable to labor troubles material shortages or any other causes beyond Landlord’s reasonable control. It is agreed that the services or use of said Common Areas shall at all times be subject to such reasonable rules and regulations as the Landlord may promulgate uniformly for all the Landlord’s tenants on the Property, in common with others, including but not limited to the designation by Landlord of areas in which such Property tenants (including the Tenant herein) and their employees are to park. Landlord may, from time to time, change the size, location and nature of any Common Area on the Property, provided that reasonable access and parking is provided to and for the Demised Premises, and Tenant’s dedicated parking spaces are unchanged. Notwithstanding the forgoing, unless and until such time as the Landlord erects another building(s) on the Property, the Tenant may perform certain Common Area Maintenance obligations under subsections of the Landlord (a) or as agreed upon by Landlord and Tenant), at its sole cost and expense (b) above, regardless of cause, be deemed and not to be an eviction or disturbance of included in Common Area Maintenance Charges). In that event, the Tenant’s use obligations of insurance and possession indemnifications under this Lease shall apply to the Tenant’s performance of such Common Area Maintenance. In the event that the Tenant does not perform these Common Area Maintenance obligations to the satisfaction of the Leased SpaceLandlord, render the Landlord liable to Tenant, authorize abatement of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent may terminate the Tenant’s exercise of its rights under Section 42 hereofright to perform the same upon prior notice to the Tenant.

Common Area Maintenance. (a) a. Landlord shall provide all agrees to repair, replace, manage and maintain the Common Area and Tenant agrees to pay monthly during the term of this Lease, as additional rent, an amount equal to its Proportionate Share of the annual cost incurred by Landlord for the repair, replacement, management and maintenance of such Common Area, including but not limited to, landscaping, lawn maintenance, painting and other repairs and replacements to all common areas external to the Buildingexterior of buildings and other improvements, snow and ice removal, parking lots, roads, driveways, sidewalks, utilities and lighting ("Common Area Charges"). The following shall be excluded from Common Areas Charges (i) debt service relating to any mortgage against the roof Building and/or the Property; (ii) depreciation and structure amortization; (iii) allowances or other costs and expenses of decorating, redecorating, fixturing, furnishing or renovating space demised or intended to be demised to new or existing tenants or for tenants renewing their leases or for other occupants of the Building. The cost ; (iv) any rent under any ground or underlying lease; (v) any costs incurred for any service provided to one or more other tenant(s) or occupant(s) of same the Building which service shall be included in not benefit Tenant; (vi) any amount incurred by Landlord by reason of Landlord's negligence or intentional misconduct; (vii) any fines or penalties incurred due to any violations by Landlord or any other tenant or other occupant of the Operating Expenses Building of any governmental laws, rules or regulations; (viii) any amount incurred to a company or other entity affiliated with Landlord to the extent provided in Section 3(a)(iii) unless the necessity for the foregoing arises from the gross negligence or willful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished exceeds the amount which would have been incurred on a fair market basis in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. It is understood that this is a “triple net” lease, with Minimum Annual Rent paid to Landlord intended to be net of taxes, repairs not covered by this Section or Section 14, insurance and Operating Expenses. (b) Unless otherwise agreed with Tenant in writing, Landlord agrees that all maintenance to the common areas external to the Building which the Association offers to perform or is obligated to perform for the benefit of lots in the Center shall be performed by the Association. Landlord shall use diligent efforts to enforce any such obligation of the Association. Except during such period of time as Landlord or its affiliates control the Association, Landlord shall not be liable in damages or otherwise for temporary delay or failure in furnishing any service or facility to be provided by the Association. (c) In the absence of such affiliation; (ix) costs incurred by Landlord for alterations which are considered capital improvements and replacements under generally accepted accounting principles consistently applied (however, the cost of capital improvements with a judgment to useful life in excess of one year shall be amortized over the contrary, in no event shall any delay or failure to provide the services or obligations under subsections (a) or (b) above, regardless of cause, be deemed to be an eviction or disturbance of Tenant’s use and possession term of the Leased SpaceLease and Tenant shall pay its Proportionate Share of the amortized cost); (x) leasing commissions; (xi) salaries, render Landlord liable to Tenant, authorize abatement benefits and other compensation for executives above the grade of rent, relieve Tenant from performance of its obligations under this Lease, or result in a termination of this Lease. The foregoing, however, shall not be deemed to prevent Tenant’s exercise of its rights under Section 42 hereof.building manager;