Common use of LANDLORD'S MAINTENANCE Clause in Contracts

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep in good working order, test, and maintain the foundation and other structural components, roof and exterior envelope of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building serving the Premises (including but not limited to the major Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth in this Section 8.1 require access to or through the Premises, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations in the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenance.

LANDLORD'S MAINTENANCE. Subject to Articles 16 Article Fourteen and 17Section 8.02, Landlord shall keep in good working order, test, and maintain the foundation and other structural components, roof and exterior envelope portions of the Building, Common Areasthe roof, all exterior walls and exterior doors, foundation, and underslab standard sewer system of the Building in good, clean and safe condition, and shall use reasonable efforts, through Landlord’s program of regularly scheduled preventive maintenance, to keep the Building’s standard heating, ventilation and air conditioning (“HVAC”) equipment installedin reasonably good order and condition. Notwithstanding the foregoing, ownedLandlord shall have no responsibility to repair the Building’s standard heating, or operated by Landlord outside of ventilation and air conditioning equipment exclusively serving the Premises, including the building standard fire protection systems located throughout the Building, as well as and all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building serving the Premises (including but not limited such repairs shall be performed by Tenant pursuant to the major terms of Section 8.02. Landlord systems such as generatorsshall also (a) maintain the landscaping, including the generators supporting Tenant’s operations parking facilities and operations other Common Areas of the Project, any electrical distribution equipmentand (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items there shall be included in the Operating Expenses no abatement of the Property rent, no allowance to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair Tenant for diminution of rental value and maintenance obligations set forth in this Section 8.1 require access no liability of Landlord by reason of inconvenience, annoyance or any injury to or through the Premises, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations arising from the making of or the failure to make any repairs, alterations or improvements in or to any portion of the Project or in or to any fixtures, appurtenances or equipment therein. Subject to Landlord’s obligations pursuant to Section 1 of Exhibit B attached hereto, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. Any entry or work by Landlord may be during normal business hours and Landlord shall use reasonable efforts to ensure that any entry or work shall not materially interfere with Tenant’s occupancy of, or access to, the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenance.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep maintain and repair (i) the roof, foundation and the structural soundness of the exterior walls of the Building in good working ordercondition, testreasonable wear and tear excepted; (ii) all plumbing and sewage facilities (including all sinks, toilets, faucets and drains), and maintain the foundation and all ducts, pipes, vents or other structural components, roof and exterior envelope parts of the Building, Common Areas, all equipment installed, owned, HVAC or operated by Landlord outside of plumbing system serving the Premises, Building and Common Areas; (iii) all electrical facilities and all equipment (including all lighting fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment and systems) serving the building standard fire protection systems located throughout Premises, Building and the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines Common Areas; (iv) the Common Areas of the Building serving and the Premises (Project, including but not limited to the major Landlord systems such as generatorsto, including the generators supporting Tenant’s operations mowing grass and operations all general landscaping, maintenance of the Projectparking areas, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, driveways and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the drivewaysalleys, parking lot sweeping, exterior lighting, pest control and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property window washing; (v) to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth not otherwise described in this Section 8.1 require access 9.1, the Landlord’s Work to or through be constructed pursuant to Exhibit B; (vi) all racking, cabling, utility facilities and electrical distribution equipment serving the Premisesserver room, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations laboratories and IDF room in the Premises; providedand (vii) any damages to the Premises, howeverBuilding or Common Areas caused solely by the negligence of willful misconduct of Landlord or Landlord’s Parties. The term “walls” as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Further, Landlord may access areas within shall maintain, repair and repaint the Project through exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Premises for Building as necessary to maintain safety and aesthetic standards. The cost of the purpose performance of performing routine repairs and maintenance required Landlord’s obligations pursuant to this Section 8.1 so long 9.1 shall be a Premises Operating Expense, a Building Operating Expense or a Project Operating Expense, as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such applicable. All repairs and maintenancereplacements required of Landlord shall be promptly made with new materials of like kind and quality and shall be performed in accordance with all applicable Laws and Private Restrictions.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17Landlord shall maintain the Building in a first class manner consistent with other Class A office buildings in Parsippany, New Jersey. Except as expressly set forth herein, however, Landlord shall keep in good working ordernot be required to make any repairs or improvements of any kind upon the Premises except for necessary structural repairs to the Building or for damage caused by a casualty or Landlord’s wrongful or negligent acts, test, excluding Tenant’s property. Landlord shall repair and maintain the foundation and other structural components, roof and exterior envelope of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler electrical and mechanical fixtures and systems (“Building Systems”) (exclusive of electrical systems and utility service lines of the Building mechanical fixtures and any supplemental HVAC units installed by Tenant serving the Premises (including but not limited to the major Landlord systems such as generatorsexclusively, including the generators supporting which shall be Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water pipingresponsibility) when required, and associated infrastructure equipment such as water treatment maintain and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent make repairs to the Buildings, as well as the Common Areas, fully operational the roofs of the Buildings and the exterior of the Buildings, the cost of all of which, unless prohibited by the exclusions to Operating Expenses listed in good operating condition and repairSection 3, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in Operating Expenses. Landlord shall, in addition, supply reasonable snow removal for the Operating Expenses walkways and parking areas of the Property during Business Hours. Tenant shall notify Landlord immediately when any repair to be made by Landlord is necessary. If any portion of the Building or the Premises is damaged through the wrongful or intentional acts of Tenant, its agents, employees, invitees or customers, then Tenant shall promptly and properly repair the same at no cost to Landlord; provided, however, that Landlord may, at its option, make such repairs and Tenant shall, on demand, pay the cost thereof, together with interest at the Default Rate to Landlord as Additional Rent. Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which notice Landlord shall have reasonable opportunity to repair the same or cure such defect. For the purposes of making any repairs or performing any maintenance, Landlord may temporarily block, close or change any entrances, doors, corridors, elevators, or other facilities in the Building or in the Premises, in each case, to the extent permitted in Section 4.2 hereofrequired for the performance of such repairs, and may temporarily close, block or change sidewalks, driveways or parking areas of the Property without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor. To the extent Landlord’s repair and maintenance obligations set forth Landlord shall not be liable to Tenant, except as expressly provided in this Section 8.1 require access Lease, for any damage or inconvenience and Tenant shall not be entitled to any abatement of Rent by reason of any repairs, alterations or through additions made by Landlord under this Lease. Landlord shall use its reasonable efforts to minimize interference with Tenant’s use and occupancy of the PremisesPremises in making any repairs, alterations, additions or improvements except in the event of an emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations in the Premises; provided, however, that Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant shall have no obligation to this Section 8.1 so long as Landlord exercises diligent good faith efforts employ contractors or labor at so-called overtime or other premium pay rates or to minimize interruption of Tenant’s business in the performance of such repairs and maintenanceincur any other overtime costs or expenses whatsoever.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep repair, replace and maintain in good working ordercondition (i) the foundations, testroof, exterior walls, structural floors, elevators and maintain the foundation and all other structural components, roof and exterior envelope aspects of the Building, Common AreasArea and the Premises; (ii) all nonstructural aspects of the Building which relate to more than one tenant’s premises, and Common Areas including the Building lobby and common stairways; (iii) all common systems and facilities necessary for the operation of the Building and the provision of services and utilities as required herein; (iv) the electrical, mechanical, plumbing, lighting, life safety, fire, sprinkler, heating, ventilating and air conditioning (“HVAC”) and security systems, fixtures and equipment installed, owned, or operated by Landlord located outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building serving the Premises (including but not limited to the major Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively which serve the Premises; and (v) the exterior walkways, sidewalks, driveways and parking areas referred to in Section 2.1; and, in addition Landlord shall be obligated to repair all equipmentexterior glass, furnishings, fixtures and other personal property used windows of the Premises. All repairs and replacements to be performed by Landlord in the operation of the Projecthereunder shall commence as soon as reasonably possible, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth in this Section 8.1 require access to or through the Premises, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations in the Premises; providedsubject, however, Landlord may access areas within to excusable delays (as provided in Section 8.4). If, during the Project through making of any repairs or alterations herein required to be made by Landlord, Tenant is deprived of the uninterrupted use of a material portion of the Premises for a period longer than five (5) consecutive business days for reasons within Landlord’s control, the purpose of performing routine repairs Fixed Rent and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of other charges payable by Tenant hereunder shall be equitably abated. The foregoing sentence shall be Tenant’s business in the sole and exclusive remedy on account of Landlord’s performance of such repairs the foregoing actions and maintenanceshall not apply to casualty or condemnation, which shall be covered elsewhere in this Lease.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17During the Term, Landlord shall keep in good working order, test, be responsible for repairs and maintain the foundation and other replacement of all structural components, roof and exterior envelope elements of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside including replacement of the Premisesroof, including if required, and all building systems, including, without limitation, the building standard fire protection mechanical, plumbing, electrical, heating, ventilating and air conditioning equipment, boilers, and machinery other than any systems located throughout that serve only the Premises (collectively, "Building Systems") and all other equipment and fixtures ("Equipment and Fixtures") used in connection with the operation of the Building, the roof and the parking area and sidewalks of the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the common areas in the Building serving the Premises (including but not limited to the major Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs are illustrated on Exhibit B. All expenses incurred by Landlord in maintaining, repairing and replacing such items shall connection with any of the foregoing will be included in the considered Operating Expenses of the Property for which Tenant will pay its Proportionate Share. However, Tenant will be responsible for any repairs or replacements if required under this Agreement by Tenant's negligence or willful misconduct, except to the extent permitted covered by or required to be covered by Landlord's insurance. In addition, notwithstanding anything to the contrary in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth in this Section 8.1 require access to or through the Premises8.2, except if any repairs, replacements and/or improvements are needed in the event Building and/or Premises that are not the sole responsibility of emergencyTenant under this Lease (including without limitation the Building Systems, structural elements of the Building, the roof and the Equipment and Fixtures), and such repairs, replacements or improvements (other than tenant improvements for other tenants) are considered capital expenditures under generally accepted accounting principles, consistently applied ("GAAP") as determined by Landlord's accountants (collectively "Capital Improvements"), Landlord shall first coordinate be responsible for performing such access Capital Improvements, with the cost thereof to be amortized with interest at a rate per annum equal to the Prime Rate plus three percent in effect at the time of the expenditure, over the useful life of the applicable Capital Improvement, as determined in accordance with GAAP, and Tenant so as to minimize the interference with Tenant’s business operations in the Premises; provided, however, shall reimburse Landlord may access areas within the Project through the Premises on a monthly basis for the purpose applicable portion of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption the cost of Tenant’s business in the performance of such repairs and maintenanceCapital Improvement that is amortized during the Term.

LANDLORD'S MAINTENANCE. Subject to Articles 16 Landlord shall, at its sole cost and 17expense, Landlord shall keep in good working order, testmaintain and repair only the exterior portions of the roof, and maintain the foundation and other the structural components, roof and exterior envelope soundness of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines exterior walls of the Building serving and utility facilities stubbed to the Premises (in good condition, reasonable wear and tear excepted. The term "walls" as used herein shall not include windows, glass or plate glass, doors, roll-up dock doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Landlord shall maintain, repair and repaint the exterior walls, canopies, entries, handrails, gutters and other exposed parts of the Building as deemed necessary by Landlord to maintain safety and aesthetic standards. Landlord shall maintain, repair, replace and operate the common areas of the Project, including but not limited to to, mowing grass and general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, paving and restriping, exterior lighting, painting, pest control and window washing. The cost of all of the major Landlord systems such as generatorsforegoing, including the generators supporting Tenant’s operations cost of all supplies, uniforms, equipment, tools and operations materials, together with utility costs not otherwise charged directly to Tenant or other tenants, all wages and benefits of employees and independent contractors engaged in the operation, maintenance and repair of the Project, any electrical distribution all expenses for security and safety services and equipment, Landlord’s UPS equipmentany license, chillerspermit and inspection fees required in connection with the operation, cooling towersmaintenance, chilled water pumps, chilled water piping, repair and associated infrastructure equipment such as water treatment and other infrastructure support systemsreplacement of the Project or any portions thereof (but not related to improvements to tenant space), management, consulting, legal and accounting fees of independent contractors engaged by Landlord (but not related to the telecommunications conduitsnegotiation or enforcement of leases), risers, cables, vaults other costs and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used expenses actually incurred by Landlord in connection with the operation ownership, operation, leasing and management of the Project, the Garageand other usual costs and expenses which are typically paid by other landlords to provide on-site operation of industrial; warehouse and service center projects, and the driveways, parking and grounds adjacent are collectively referred to the Buildings, herein as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the "Operating Expenses of the Property to the extent permitted in Section 4.2 hereofExpenses". To the extent Landlord’s that an Operating Expense consists of a maintenance, repair or replacement (including renovation and maintenance obligations set forth in this Section 8.1 require access to or through the Premises, except refurbishment) expense that is not properly fully deductible as an expense in the event year incurred in accordance with generally accepted accounting principles, such expense shall be amortized over its useful life. Any amounts which are amortized, together with Landlord's actual cost of emergencyfunds, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations result in the Premises; provided, however, Landlord may access areas within the Project through the Premises equal payments being included in Operating Expenses for the purpose year of performing routine repairs expenditure and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in succeeding years during the performance of such repairs and maintenanceamortization period.

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17Landlord, Landlord as an Operating Expense, shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, testcondition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Building and the Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. Without limiting the generality of the foregoing, Landlord shall repair and maintain, and maintain the foundation if necessary, replace (i) Building structure, foundation, roof, gutters, exterior walls, window coverings, windows, and all other exterior and structural components, roof and exterior envelope parts of the Building, Common Areas(ii) halls, stairways and entryways, elevators and common passageways and all equipment installedother common areas of the Building, owned, or operated (iii) premises occupied by Landlord outside of other tenants to the extent necessary to prevent any damage to the Premises, including and (iv) all elements of the building standard fire protection plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building's shared systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines of the Building serving the Premises (including but not limited to the major Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve within the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord any damage caused to any items in the operation Premises which would become the property of the ProjectLandlord upon termination of this Lease by any malfunction or misfunction of such systems, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standardsexcept only for any supplementary portions of such systems owned by Tenant. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth Nothing contained in this Section 8.1 22 shall require access Landlord to paint or through decorate the Premises, . No liability of Landlord to Tenant shall accrue however under subparagraphs (iii) and (iv) above unless and until Tenant has given written (except in the event case of an emergency, ) notice to Landlord of the specific repair required to be made or of the failure to properly furnish any service and Landlord does not promptly thereafter undertake and diligently pursue such repair or furnish such service. Landlord shall first coordinate such access with Tenant so as have no obligation to minimize maintain, repair or replace the interference with Tenant’s business operations pedestrian bridge described in the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenance37.

LANDLORD'S MAINTENANCE. Subject to Articles 16 Landlord shall, at its sole cost, maintain and 17, Landlord shall keep in good working order, testrepair only the exterior portions of the roof, and maintain the foundation and other the structural components, roof and exterior envelope soundness of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside of the Premises, including the building standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines exterior walls of the Building serving and utility facilities stubbed to the Premises (in good condition, reasonable wear and tear excepted. The term "WALLS" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries, unless otherwise specified by Landlord in writing. Landlord shall maintain, repair and repaint the exterior walls, overhead doors, canopies, entries, handrails, gutters and other exposed parts of the Building as deemed necessary by Landlord to maintain safety and aesthetic standards. Landlord shall maintain, repair, and operate the common areas of the Project in good order and condition, including but not limited to to, mowing grass and general landscaping, maintenance of parking areas, driveways and alleys, parking lot sweeping, paving and restriping, exterior lighting, painting, pest control and window washing. The cost of all of the major Landlord systems such as generatorsforegoing, including the generators supporting Tenant’s operations cost of all supplies, uniforms, equipment, tools and operations materials, together with utility costs not otherwise charged directly to Tenant or other tenants, all wages and benefits of employees and independent contractors engaged in the operation, maintenance and repair of the Project, any electrical distribution all expenses for security and safety services and equipment, Landlord’s UPS equipmentany license, chillerspermit and inspection fees required in connection with the operation, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systemsmaintenance or repair of the Project (but not related to improvements to tenant space), management, consulting, legal and accounting fees of independent contractors engaged by Landlord (but not related to the telecommunications conduitsnegotiation or enforcement of leases), risers, cables, vaults other costs and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used expenses actually incurred by Landlord in connection with the operation ownership, operation, leasing and management of the Project, the Garageand other usual costs and expenses which are typically paid by other landlords to provide on-site operation of industrial, warehouse and the drivewaysservice center projects, parking and grounds adjacent are collectively referred to the Buildings, herein as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof"OPERATING EXPENSES". To the extent Landlord’s that an Operating Expense consists of a maintenance or repair (including renovation and maintenance obligations set forth in this Section 8.1 require access to or through the Premises, except refurbishment) expense that is not properly fully deductible as an expense in the event year incurred in accordance with generally accepted accounting principles, such expense shall be amortized over its useful life. Any amounts which are amortized, together with Landlord's actual cost of emergencyfunds, shall result in equal payments being included in Operating Expenses for the year of expenditure and succeeding years during the amortization period. Landlord shall first coordinate such access reduce the amount of expenses by any refunds actually received by Landlord in connection with Tenant so any expenses previously included in Operating Expenses. Notwithstanding the foregoing, the following items shall not be treated as to minimize the interference with Tenant’s business operations in the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenance.Operating Expenses:

LANDLORD'S MAINTENANCE. Subject to Articles 16 and 17, Landlord shall keep in good working orderrepair, test, replace and maintain in first-class condition commensurate with other Comparable Buildings (i) the foundation exterior and other structural components, roof and exterior envelope parts of the Building, Common Areas, all equipment installed, owned, or operated by Landlord outside (ii) the foundation of the Premises, including the building standard fire protection systems located throughout the Building, (iii) all Central Systems (as well as hereinafter defined) in the Building, (iv) the Parking Garages and all mechanicalelements thereof, plumbing(v) the pedestrian bridges and passageways providing pedestrian access from the Building to the adjoining buildings and Parking Garages, heatingand (vi) all common areas. For purposes hereof, ventilationthe term “Central Systems” means the Building’s central plumbing systems, air conditioningelectrical systems, power generationHVAC systems, on-site fuel supplies, sprinkler fire protection and electrical fire alert systems and utility service lines of the Building serving the Premises mechanical systems (including but not limited to the major including, without limitation, elevators). Landlord systems such as generators, including the generators supporting Tenant’s operations and operations of the Project, any electrical distribution equipment, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord in the operation of the Project, the Garage, and the driveways, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance perform its obligations set forth in under this Section 8.1 require access to or through the Premises10.(a) in a diligent, except in the event of emergency, Landlord first-class manner and shall first coordinate such access with Tenant so as exercise all commercially reasonable efforts to minimize the any interference with Tenant’s business operations in that may be occasioned thereby. Furthermore, if performance of Landlord’s obligations under this Section 10.(a) is likely to have a substantial impact on Tenant’s use and occupancy of the Premises; provided, however, Landlord shall perform such obligations after normal business hours (except in cases of a bona fide emergency, in which event Landlord may access areas within perform such obligations at any time). Subject to the Project through following sentence, if any maintenance or repair required by Landlord is occasioned by the Premises act or negligence of Tenant or any Tenant Party (exclusive of business visitors), then Tenant shall reimburse Landlord promptly upon request (together with reasonable supporting documentation) for the purpose actual cost and expense that Landlord incurs in providing such maintenance or making such repair. Notwithstanding the foregoing sentence, if any maintenance or repair required by Landlord is necessary due to damage resulting from a Casualty occasioned substantially by the intentional act or gross negligence of performing routine repairs Tenant or any Tenant Party (excluding business visitors), then Tenant shall reimburse Landlord promptly upon request (together with reasonable supporting documentation) for the actual cost and expense that Landlord incurs in providing such maintenance or making such repair if and only to the extent that such maintenance or repair is not covered by the insurance required pursuant to this be maintained by Landlord hereunder. The foregoing is subject in all respects to the provisions hereinafter set forth in Section 8.1 so long as 11(b). Tenant shall promptly notify Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenanceneed for any maintenance or repairs.

LANDLORD'S MAINTENANCE. Subject to Articles 16 Article Fourteen and 17Section 8.02, Landlord shall keep in good working order, test, and maintain the foundation and other structural components, roof and exterior envelope portions of the Building, Common Areasthe roof, exterior walls and exterior doors, exterior windows, all equipment installedelectrical, ownedwater, or operated by Landlord outside of sewer, and plumbing systems not exclusively serving the Premises, including the building sprinkler systems, life safety systems, foundation, and underslab standard fire protection systems located throughout the Building, as well as all mechanical, plumbing, heating, ventilation, air conditioning, power generation, on-site fuel supplies, sprinkler and electrical systems and utility service lines sewer system of the Building in good, clean and safe condition, and shall through, among other things, Landlord's program of regularly scheduled preventive maintenance, keep the Building's standard heating, ventilation and air conditioning ("HVAC") equipment in reasonably good order and condition. Notwithstanding the foregoing, Landlord shall have no responsibility to repair the Building's standard heating, ventilation and air conditioning equipment exclusively serving the Premises (including but not limited Premises, and all such repairs shall be performed by Tenant pursuant to the major terms of Section 8.02. Landlord systems such as generatorsshall also (a) maintain the landscaping, including the generators supporting Tenant’s operations parking facilities and operations other Common Areas of the Project, and (b) wash the outside of exterior windows at intervals determined by Landlord. Except as provided in Article Fourteen and Article Fifteen, there shall be no abatement of rent, no allowance to Tenant for diminution of rental value and no liability of Landlord by reason of inconvenience, annoyance or any electrical distribution equipmentinjury to or interference with Tenant's business arising from the making of or the failure to make any repairs, Landlord’s UPS equipment, chillers, cooling towers, chilled water pumps, chilled water piping, and associated infrastructure equipment such as water treatment and other infrastructure support systems), the telecommunications conduits, risers, cables, vaults and manholes, Meet Me Room, demarc rooms, the plumbing system outside the Premises that does not exclusively serve the Premises, all equipment, furnishings, fixtures and other personal property used by Landlord alterations or improvements in the operation or to any portion of the ProjectProject or in or to any fixtures, appurtenances or equipment therein. Tenant waives the Garageright to make repairs at Landlord's expense under any law, and the drivewaysstatute or ordinance now or hereafter in effect, parking and grounds adjacent to the Buildings, as well as the Common Areas, fully operational and in good operating condition and repair, and otherwise maintained consistent with first class office, retail, broadcast, and data center standards. The reasonable costs incurred by Landlord in maintaining, repairing and replacing such items shall be included in the Operating Expenses of the Property except to the extent permitted in Section 4.2 hereof. To the extent Landlord’s repair and maintenance obligations set forth expressly provided in this Section 8.1 require access to or through the Premises, except in the event of emergency, Landlord shall first coordinate such access with Tenant so as to minimize the interference with Tenant’s business operations in the Premises; provided, however, Landlord may access areas within the Project through the Premises for the purpose of performing routine repairs and maintenance required pursuant to this Section 8.1 so long as Landlord exercises diligent good faith efforts to minimize interruption of Tenant’s business in the performance of such repairs and maintenanceLease.